Government of Romania Ministry of Justice Department for the Implementation of Externally Financed Projects RESETTLEMENT ACTION PLAN Land Acquisition Plan for the Romania Justice for Sustainable Urban Transformation Project Bucharest, Romania No. P181008 English version December 2023 EXECUTIVE SUMMARY i. The Government of Romania has requested support from the World Bank (Hereinafter: The Bank) to implement the Justice for Sustainable Urban Transformation Project (Hereinafter: The Project). The Project has been designed to be carried out over the course of five years, and is organized around five components, Component 1 – Integrated Justice Infrastructure, Component 2 – Inclusive and Sustainable Urban Regeneration, Component 3 - Integrated Justice Service Delivery, Component 4 – Project Management and a fifth Component related to Contingency Emergency Response. Under Component 1.2 and 1.3 the Project will support site preparation, construction works as well as construction oversight and related consulting services for the development of a consolidated Justice District (JD) in Bucharest including: (i) demolition works of the existing foundation to prepare the JD site, followed by construction and engineering works according to the JDs technical engineering and architectural design.; (ii) continued support from the technical design team throughout execution of the civil works and building construction; (iii) technical audits and quality verification of design and any required modifications, if necessary; (iv) engineering and architectural oversight of civil works and building construction and fit-up; (v) legal services that arise related to the JD regarding provisions associated with national law such as post expropriation, restitution support or contractual potential claims during works executions related to civil works contract; (vi) elaboration of energy efficiency certificates for the JD after completion; (vii) services required for implementation and monitoring of Environment and Social Framework (ESF), including all documents such as the Resettlement Action Plan (RAP) and the Environment and Social Impact Assessment (ESIA); and, (viii) any other services required arising from the Feasibility Study and Technical Project. The involuntary land acquisition process is intended to be initiated by the Government through the Ministry of Justice and the implementing agency for the proposed project which is the Department of Implementation of Externally Funded Projects (DIEFP) where the ultimate leadership and governance of the Project lies. ii. The Environmental and Social Framework (ESF) for Investment Project Financing (IPF), which was approved by the WB Board in August 2016, became effective on October 1, 2018 and applies to all World Bank IPF, with Concept Note meetings on or after this date. iii. The ESF sets out the mandatory requirements of the Bank in relation to the projects it supports through Investment Project Financing. To this end, the Bank has defined specific Environmental and Social Standards (ESSs), which are designed to avoid, minimize, reduce or mitigate the adverse environmental and social risks and impacts of projects. The Policy and the ESSs apply to all projects supported by the Bank through Investment Project Financing. Projects supported by the Bank through Investment Project Financing are required to meet, inter alia, Environmental and Social Standard 5 (ESS5): Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. iv. In response to the requirements for the Project to comply with the ESF, the Ministry of Justice`s PIU, Department of Implementation of Externally Funded Projects (DIEFP) has adopted this Resettlement Action Plan (RAP), laying out the approach to meeting the objectives set forth in ESS5 and Romanian Law. v. The JD will consolidate multiple, disparately located justice sector institutions and judicial functions at a transit and pedestrian accessible location. It is hoped that, by bringing thousands of Justice-related employees and clients to a, for years now and currently vacant but well-located site, and by incorporating world-class, innovative and resilient-promotion design and construction standards into its Romania-specific context, the Project will, in the long-term, promote broader regeneration of the surrounding areas of central Bucharest. vi. As a matter of background, the Romanian Government adopted, on August 2, 2018 a Memorandum (on Decision regarding the situation of the Esplanada site for the development of a functional reconversion program), establishing the site designated for the Project on an open plot of land in the heart of Bucharest commonly referred to as Esplanada. The entire Esplanada site occupies an area of 10,7 hectares (107,000.00 sqm); the Project is expected to be developed on 5,35 hectares 2 (53.500,00 sqm), on one half/ one side of the site. The Ministry of Justice prepared and obtained approval for a Urban Detailed Plan (PUD), specific for the JD site. The Urban Detailed Plan (PUD) was approved on December 15, 2022 through the Local Council Sector 3 Bucharest Decision (HCLS3) No. 551 following a diligent process of stakeholder engagement and public Consultations that have been announced to the public and the private individuals and entities directly impacted by the land requirements for the JD. The JD will continue to be designed until the building and demolition permits are issued by competent local authority, grounded on the Urban Detailed Plan (PUD). vii. In August 2019, by Government Decision,1 the following was approved: (i) the renaming of the Esplanada site to Justice District and projects of public interest for the Bucharest City; (ii) the program for the site functional reconversion; (iii) the Ministry of Justice became responsible for the preparation and development of the Justice District Project, while the Bucharest Municipality is responsible for the projects of public interest for Bucharest City. viii. The legal situation of the site can be characterized as heterogenous as the site itself has historically been affected by a number of governmental measures and decisions. ix. From the 1950`s, the communist regime of Romania nationalized many land parcels and buildings, including those located within the Project site. In the 1980’s, with an aim to re-develop that land and build a Center for Creation and Culture Song [of praise] to Romania, all remaining buildings were gradually demolished, and in 1989 a concrete foundation for a concert hall was laid, the remains of which are still present, although deteriorated and affected by weather conditions. The construction stopped soon afterwards as in the same year the regime collapsed. The site has remained in the same condition since and, despite its prime location in the heart of Bucharest, remains unoccupied and not used. x. Given the widespread countrywide impact of nationalization, after 1989, the Romanian State adopted a series of normative acts, including the Law 10/20012 (on the legal regime of some real properties abusively taken over between 6 March 1945 and 22 December 1989), regarding restitution in an attempt to remedy the past harms, enabling former owners to claim back their nationalized property. The Law had set a deadline for filing Notification claims of 6 months twice to be extended, each time by 3 additional months, setting the final date for filing claims at February 14, 2002. More than 40,000 claims were submitted for assets in Bucharest, of which around 21,000 still await resolution. For those claims that had been resolved, restitution was provided either in kind or in the form of equivalent cash compensation. The bottlenecks related to the claims that still await resolution, as per the communication received from the Bucharest City Hall responsible with solving notifications are the following: a) very large volume of notifications compared to qualified staff, b) some files do not have complete documentation and in this regard a vast and time consuming correspondence is conducted with the respective claimants in order to provide the necessary legalized documentation, c) notifications must be resolved in chronological order, with three exceptions: (i) administrative files containing final court decisions by which the Town Hall was obliged to solve the respective notifications, (ii) administrative files that have been previously resolved by issuing a mayor's order requiring amendment/completion, administrative files that have been partially resolved and require resolution of the notification in its entirety, administrative files submitted under Law no. 10/2001 in the period 2008-2010, (iii) applications made by persons certified by entities designated by the Romanian State or by other Member States of the European Union as Holocaust survivors - in accordance with the provisions of Article 33, paragraph (4) of Law No. 165/2013. xi. The 5,35 hectares (53,500.00 sqm) of Esplanada site designated for the Project currently consists of 19 land plots. Of them, 18 are privately owned. All of them will need to be acquired for the Justice District project by the Ministry of Justice. These 18 private plots include: 9 plots (co)owned by 14 natural persons, 4 plots by 4 legal persons and 5 plots by the Bucharest Municipality. The 1Government Decision no. 592/2019 published with the Official Gazette no. 682/2019. 2Re-published with the Official Gazette no. 798/2005. The detailed list of Laws and By-laws, Government decisions, Memorandums etc. with their full titles and adoption dates are presented in Annex 1. 3 remaining 1 plot, the largest, is owned by the Romanian State (administered by the Ministry of Development Public Works and Administration). Some parts of Justice District area (approx. 18,7 %) are still affected by 40 unresolved Notifications submitted per Law 10/2001. Such parts are currently under the ownership of the State and cover about 10,000 sqm. xii. The 18 plots privately owned had been the subject of claims for land restitution, based on legal solution passed between 1990 and 2001, or court decisions, which led to the restitution of ownership to former owners or their heirs by the Romanian State. The current owners are represented by: i) natural/ legal persons who received land back from the Romanian State ii) natural persons who inherited land after the restitution and iii) those who acquired the land through a willing- buyer-willing seller transaction after restitution of ownership rights (this includes both natural/ legal persons and the Bucharest Municipality). xiii. The RAP has been prepared to set out a process for compensating Project Affected Persons (PAPs) and legal entities affected by abusive nationalization/expropriation of land in the project area. These PAPs include those who had formal title to the land in the project area and those who did not have formal legal rights but who have claims to land within the project area. xiv. The first category of PAPs are persons/legal entities with formal title over land within the Project area. Within this category the expropriation will affect 14 natural persons, 4 legal persons and 1 local authority (Bucharest Municipality). These owners are entitled to compensation that will be paid or set aside in an escrow account before the Ministry of Justice initiates the construction of Justice District. In certain cases, there may be significant difficulties related to the payment of compensation to particular affected persons, for example, where repeated efforts to contact absentee owners have failed, where project affected persons have rejected compensation that has been offered to them in accordance with the approved plan, or where competing claims to the ownership of lands or assets are subject to lengthy legal proceedings. On an exceptional basis, in these specific cases, with prior agreement of the Bank, and where the Borrower demonstrates that all reasonable efforts to resolve such matters have been taken, the Borrower may deposit compensation funds as required by the plan into an interest-bearing escrow or other deposit account and proceed with the relevant project activities. Compensation placed in escrow will be made available to eligible persons in a timely manner as issues are resolved. Moreover, in these cases, the undisputed amount can be taken by the affected persons, according to national expropriation law no. 255/2010, article 19, para. 11). For the difference up to the requested amount, the affected persons can access court services according to the expropriation law, article 22, para 1 and if the court rules for an additional amount to be paid to the affected person, the Ministry of Justice will compensate based on court ruling and decision. xv. The second category of Project Affected Persons are persons without formal legal rights to land but have claims to land within the Project area that are recognized under Romanian law. This category includes persons with unresolved Notifications based on Law 10/2001 and/ or pending judicial procedures. There are about 51 people with 40 still pending Notifications, representing approx. 10,000 sqm of areas scattered around in the State-administrated portion of the Project area. The Notifications first need to be resolved and if ownership is restituted,3 compensations will be paid or set aside in an escrow account before the Ministry of Justice initiates the construction of Justice District. xvi. Currently, information on the number of pending judicial procedures regarding restitution of land within the Project area is not available. It is expected that the Ministry of Justice becomes responsible for resolving pending restitution cases and gains access to information about them after the expropriation decision is issued and the administrative rights over the land affected by Notifications is transferred to the Ministry of Justice from the Ministry of Development Public Works and Administration. xvii. Before the expropriation decision is issued, pending restitution cases are resolved by the Town Hall or Ministry of Development Public Works and Administration. If the claims are admitted 3 The Notifications can be resolved by restitution in kind, compensation, or rejection. 4 (ownership is attested) the claimant can receive the land: i) in nature (a plot on the site) or ii) compensation. If the claim is rejected or the compensation decision is not considered satisfactory by the claimant, the rejection decision/compensation decision can be challenged in court. If the land is received in nature – although unlikely considering the legal constraints related to the allocation of the land for the construction of the JD public utility project (either directly through the Town Hall administrative decision or through a Court decision after successful challenge of the initial Town Hall administrative rejection decision) – the claimant can register his ownership right in the land book. Thus, the plot is subject to expropriation, becoming part of Category 1 of this RAP. xviii. If land compensations are proposed, the Town Hall or Ministry of Development Public Works and Administration, sends the administrative decisions with proposal for compensation, together with the entire support documentation, to the National Commission for Real Estate Compensation, under the subordination of Prime Minister’s Office. This Commission evaluates the amount of compensation and issues the compensation decision. The system of evaluation is based as well on the notary grid market value, similar with the one for expropriation. xix. After the expropriation decision is issued, the remaining unsolved restitution claims are to be solved by the Ministry of Justice in a similar manner as the above. xx. In addition to these two categories of Project Affected Persons, there is a third group - persons who may have concerns about the Project. These includes persons who did not file Notifications prior to the legally designated deadline by law but who may elect to do so during preparation or implementation of the Project. In case these persons succeed in their claims i.e. judicial proceedings and provided the courts attest their ownership right over a certain land plot, they will join the first category, as soon as the land book is issued in line with the court decision. Given the sensitivity of such historical land acquisition to this project, the RAP describes the existing national processes and procedures that will apply to such persons. xxi. The census inventory and site visits have not identified user or occupiers without recognizable legal right or claim to the land. xxii. The livelihoods of displaced persons is not land-based, hence only payment of cash compensation at replacement cost is deemed is appropriate. xxiii. The amount of compensations shall be based on the estimated market value (applicable at the time when the transfer of ownership occurs) of the land parcels to be expropriated. More specifically, the amount of compensation shall be determined by valuation of an independent evaluator, based on the Notary Grid for lands in Bucharest, which is in turn established based on annually updated market studies conducted by private entities appointed by the Bucharest Chamber of Notaries Public.4 The methodology for calculating the market value/expropriation value used by the independent evaluator, is specifically mentioned in the elaborated property valuation report, point.1.10 Applicable standards5, and took into account the following: the type of property, the 4 The chambers of the notaries public are professional organizations and legal entities. There is one chamber in the territorial jurisdiction of each court of appeal. The notaries are professionals who perform acts of public authority and, in the same time, have an autonomous status. 5 Valuation Report â€?Estimation of the special (expropriation) value of the plots affected by the work of national public interest: “CARTIERUL PENTRU JUSTIÈšIEâ€? - Chapter 1 – “TERMS OF REFERENCE OF THE VALUERâ€?, Point 1.10. Applicable standards “The methodology for calculating the market value/expropriation value took into account the purpose of the valuation, the type of property and the recommendations of the ANEVAR standards, as well as the legislation in force (Law 255/2010 and GD 53/2011). - Standards of valuation of goods in Romania 2022: SEV 100 – General framework SEV 101 – Terms of reference for valuation SEV 102 – Implementation SEV 103 – Reporting SEV 230 – Rights over the real estate GEV 630 – Real estate valuation 5 recommendations of the ANEVAR standards, legislation in force (Law 255/2010 on expropriation on grounds of public interest, necessary for national, county and local objectives which is based on Notary Grid and GD 53/2011 approving the Methodological Rules for the enforcement of Law 255/2010), Standards of valuation of goods in Romania 2022. Moreover, the information and sources of information used in this report by the valuation expert are as follows: “information obtained from the beneficiary's representatives; information taken from the valuer’s database, from real estate valuers, sellers and buyers on the real estate market, information on demand and supply taken from real estate agencies and from relevant publications, information synthesized in the real estate market analysis.â€? xxiv. In case of disputes and disagreements over the valuation, the affected owner can continue the case in court in the endeavor to achieve a higher compensation. The affected owner has the discretion whether or not to accept the undisputed amount, while continuing the case in front of a court of law until full and final settlement based on his/ her claim has been reached. The compensation granted by the court may not be lower than the amount offered by the expropriator nor higher than the amount sought by the Project Affected Person. Transfer of title occurs based on the expropriation decision, prior to payment of compensation, but after the amount needed for payment of compensation had been secured and deposited in an escrow account, at the owners disposal. Through the Government Decision, the budget set aside in the escrow account may be increased based on final court decisions, all throughout project implementation. xxv. The land acquisition process for the Justice District will commence no sooner than the fourth quarter of 2023. As per Romanian law, the expropriation process can be initiated after the approval of the technical and economic indicators contained in the final version of the feasibility study. Moreover, the finalization of the Project-specific feasibility study requires, as inputs, other associated technical studies, including the Technical Expertise of the existing foundation. The estimated schedule takes into account the time that is necessary for the preparation and approval of these studies, assuming no delays would occur. xxvi. The draft Resettlement Action Plan, adopted by the Ministry of Justice (and approved by the World Bank), shall be disclosed in Romanian and English languages on the Ministry webpage at least 14 days prior to the date set for public consultations. Consultations announcement will be advertised through media, MoJ’s webpage, and at or in the vicinity of the premises of Bucharest Municipality and Sector 3 Municipality. Individual invitations to consultations shall be sent to known home/ business addresses of all persons/ entities with formal legal right to land and to the MDPWA, as the current administrator of State-owned land. The organization of public consultations must take into account the possibility for participants to join the consultations through online channels (e.g., Webex, Zoom, Skype etc.). After the consultations, feedback provided within 14 days will be considered. The finale version will include minutes of the consultations meeting and will be re-disclosed in line with the SEP and this RAP and will remain available to the public throughout the Project’s duration. xxvii. MoJ has made an effort to establish the Cut-off date on July 7, 2021 as evidenced in Annex 3. Persons encroaching to the Project area beyond the cut-off date will not be eligible to claim or receive compensation for investments made with opportunistic intentions. xxviii. The overall responsibility for the Project implementation, including compliance with the Resettlement Action Plan, lays with the Project Implementation Unit (PIU), part of the Department for Implementation of Externally Funded Projects within the Ministry of Justice. A Central Information & Complaint Desk is set up within the PIU to serve as a Project-level information center and grievance redress mechanism that will be available throughout the Project cycle. xxix. The PIU shall undertake internal performance and overall monitoring to enable continual oversight of the Resettlement Action Plan implementation and ensure its proper implementation. - Law 255/2010 on expropriation on grounds of public interest, necessary for national, county and local objectives - Government Decision no. 53/2011 approving the Methodological Rules for the enforcement of Law 255/2010 The valuation carried out in this report is based on the market value/expropriation value as defined above.â€? 6 7 CONTENTS LIST OF FIGURES AND TABLES ....................................................................................................... 9 ACRONYMS ........................................................................................................................................ 11 LIST OF DEFINITIONS/ GLOSSARY ............................................................................................... 13 1. INTRODUCTION ........................................................................................................................ 16 1.1 Project description and context of the Project....................................................................... 16 1.2 Project objectives and components ....................................................................................... 17 1.3 Purpose of the Resettlement Action Plan .............................................................................. 21 2. PROJECT AREA DESCRIPTION ............................................................................................... 22 2.1 Site physical characteristics and alternatives considered ...................................................... 22 2.2 Applicable urbanistic regulations and legal provisions ........................................................ 25 2.3 Historical context of Esplanada site ...................................................................................... 27 2.4 Land ownership within the Project area ................................................................................ 29 3. ROMANIAN LEGAL FRAMEWORK........................................................................................ 32 3.1 The regulatory framework guiding land acquisition - The Romanian Expropriation Law ... 32 3.2 Public interest and purpose of expropriation ........................................................................ 33 3.3 Expropriation process ........................................................................................................... 33 3.4 Existing national laws on historical land take cases ............................................................. 38 4. THE WORLD BANK STANDARD ON LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT ............................................................................... 41 4.1 Gap analysis between relevant national legislation and World Bank OP 4.12 ..................... 41 5. AFFECTED PERSONS AND PROJECT IMPACTS .................................................................. 46 5.1 Overview of the Project impacts ........................................................................................... 46 5.2 Project Affected Persons with formal legal right to land ...................................................... 46 5.3 Project Affected Persons with claims to land ....................................................................... 49 5.4 Persons with potential future claims to land ......................................................................... 50 6. COMPENSATION PRINCIPLES APPLICABLE TO IMPACTS .............................................. 51 6.1 Cut-off date ........................................................................................................................... 51 6.2 Eligibility criteria and Entitlement Matrix ............................................................................ 51 6.3 Valuation methodology ......................................................................................................... 53 6.4 Access to site and commencement of works......................................................................... 54 7. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION TEAM ............................ 55 7.1 Responsibility for implementation of Project, including the RAP........................................ 55 7.2 Responsibility for resolving claims regarding the historic land take .................................... 57 7.3 Responsibility for land acquisition ....................................................................................... 58 7.4 Judicial procedures................................................................................................................ 58 8 8. MANAGING REQUESTS FOR INFORMATION, COMPLAINTS AND OTHER FEEDBACK 59 8.1 Overview: Objectives, Scope, Principles and Standards ...................................................... 59 8.2 Process of the Grievance Redress Mechanism...................................................................... 60 8.3 GRM Communication and Outreach .................................................................................... 62 8.4 PIU Responsibilities.............................................................................................................. 63 8.5 Other Avenues for Information and Complaints ................................................................... 63 9. CONSULTATION AND PARTICIPATION ............................................................................... 64 9.1 Disclosure and consultation requirements during preparation of draft and final RAP ......... 64 9.2 Outcome of the public consultations ..................................................................................... 64 9.3 Public consultations for PUD approval ................................................................................. 64 10. IMPLEMENTATION SCHEDULE ............................................................................................. 65 11. MONITORING, EVALUATION AND REPORTING ................................................................ 67 11.1 Internal monitoring ............................................................................................................... 67 11.2 Completion Report ................................................................................................................ 68 11.3 Monitoring of temporary land access for construction works .............................................. 69 12. COSTS AND BUDGET ............................................................................................................... 69 REFERENCES ..................................................................................................................................... 71 ANNEXES ............................................................................................................................................ 73 Annex 1 - Register of main applicable normative acts ..................................................................... 73 Annex 2 - Inventory of PAPs ........................................................................................................... 74 Annex 3 - Announcement for the cut-off date .................................................................................. 75 Annex 4 - Information and Complaint Registration form ................................................................ 80 Annex 5 - Central Feedback Brochure ............................................................................................. 81 Annex 6 - Invitation to Public Consultation on Draft RAP .............................................................. 83 Annex 7 – Report on public consultation process ............................................................................ 84 Annex 8 - PUD - notifications PAP.................................................................................................. 86 LIST OF FIGURES AND TABLES List of figures Figure 1: The Justice District area within the Esplanada site ............................................................... 23 Figure 2: Pictures of the Project area .................................................................................................... 23 Figure 3: The Justice District area in PUD ........................................................................................... 23 Figure 4: The Justice District area in PUD ......................................................................................... 264 Figure 5: Diagram of the expropriation process ................................................................................... 31 Figure 6: Distribution of plots affected by the expropriation within the Project area .......................... 42 Figure 7: Temporary land access - Exit and Handover procedure ........................................................ 54 9 Figure 8: Organizational structure of the Ministry of Justice ............................................................... 56 Figure 9: GRM Process ......................................................................................................................... 58 10 List of tables Table 1: Distribution of Project area per type of ownership ................................................................. 31 Table 2: Distribution of Notifications for land within Project area by current status (September 2019) .............................................................................................................................................................. 31 Table 3: Gap analysis between the national legislation and the ESS5 requirements ............................ 42 Table 4: Overview of affected land plots by type of ownership and area ............................................. 40 Table 5: Overview of natural persons affected by expropriation .......................................................... 47 Table 6: Inventory of land within the Project area subject of expropriation......................................... 40 Table 7: Entitlement Matrix .................................................................................................................. 52 Table 8: Categories of Feedback........................................................................................................... 54 Table 9: The tentative implementation schedule .................................................................................. 66 Table 10: Monitoring inputs and outputs .............................................................................................. 67 Table 11: Estimated costs for land acquisition within Justice District area .......................................... 62 Table 12: Inventory of land owners within the Project area, affected by expropriation ....................... 66 ACRONYMS ANEVAR National Association of Authorized Romanian Valuers CICD Central Information & Complaint Desk DIEFP Department of Implementation of Externally Funded Projects ESF Environmental and Social Framework ESIA Environment and Social Impact Assessment GD Government Decision GRM Grievance Redress Mechanism GRS World Bank Grievance Redress Service IBRD International Bank for Reconstruction and Development IPF Investment Project Financing JD Justice District MDPWA Ministry of Development Public Works and Administration MoJ Ministry of Justice OP 4.12 World Bank Policy on Involuntary Resettlement PAP Project Affected Person PIU Project Implementation Unit PUG General Urban Plan PUZ Zonal Urban Plan PUD Detailed Urban Plan RAP Resettlement Action Plan 11 SQM Square metre 12 LIST OF DEFINITIONS/ GLOSSARY Cut-off date If a person(s) should occupy the project area after the Cut-off date, they will not be eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the Cut-off date will not be compensated. The cut off-date of the Project was July 7, 2021. Compensation Payment in cash or in kind for an asset acquired or affected by a project. In case of dispute over compensation, the undisputed amount shall be paid to the PAP, or whole amount set aside in an escrow or similar account at the disposal of the PAP until the court procedure is completed. Competent The public authorities which are competent to resolve Notifications filed in accordance Institutions with the Law 10/2001 Economic Includes all loss of income sources or means of livelihood as a result of land acquisition displacement or restricted access to resources (land, water, or forest) as a result of Project implementation, regardless whether affected persons must move to another location or not. Entitlement The right to receive compensation and other forms of assistance that PAPs in accordance with the Law on Expropriation and this RAP in the respective eligibility category. Expropriation The process whereby a public authority, in return for compensation, requires a person, household or community to relinquish rights to properties (land and structures) that it occupies or otherwise uses by the power of eminent domain Forced Eviction Refers to permanent or temporary removal against the will of individuals, families, and/or communities from the homes and/or land which they occupy without the provision of, and access to, appropriate forms of legal and other protection, including all applicable procedures and principles in this RAP. The exercise of eminent domain, compulsory acquisition or similar powers by a Borrower will not be considered to be forced eviction providing it complies with the requirements of national law and the provisions of this RAP, and is conducted in a manner consistent with basic principles of due process (including provision of adequate advance notice, meaningful opportunities to lodge grievances and appeals, and avoidance of the use of unnecessary, disproportionate, or excessive force). Forced evictions refer to the coerced displacement of individuals, groups and communities from their homes, lands and/or common property resources (either legally owned or informally occupied) without the provision of, and access to, appropriate forms of legal and other protection. Government An internal act of the Government not published in the Official Gazette of Romania. Memorandum A Memorandum is not a normative act and, thus, does not have the legal force of a normative act. A memorandum can be drafted if a Government decision is needed regarding a particular issue and would be endorsed by the involved institutions and includes a description of the problem and proposals for its solution Involuntary Refers to Project-related impacts of resettlement without persons affected having the resettlement right to decline land acquisition or restrictions on land use, physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. Resettlement is considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that will result in displacement. This occurs in cases of lawful expropriation or restrictions on land use based on eminent domain; and in cases of negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail. 13 Land Land includes anything growing on or permanently affixed to land, such as crops, buildings and other improvements, and appurtenant water bodies Land Acquisition “Land acquisitionâ€? refers to all methods of obtaining land for project purposes, which may include outright purchase, expropriation of property, and acquisition of access rights, such as easements or rights of way. Land acquisition may also include: (a) acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes; (b) repossession of public land that is used or occupied by individuals or households; and (c) project impacts that result in land being submerged or otherwise rendered unusable or inaccessible. Livelihood Refers to the full range of means that individuals, families and communities utilize to make a living, such as wage-based income, agriculture, fishing, foraging, other natural resource-based livelihoods (ecosystem services), petty trade and bartering. Legal person Any form of organization which, under the conditions laid down by law, is the holder of civil rights and obligations. Natural person Human being, viewed individually as a holder of civil rights and obligations. Notification Restitution claim filed by Entitled Persons with the Competent Institutions regarding the restitution of nationalized/ expropriated properties during the communist regime Physical Loss of shelter and assets resulting from the property acquisition associated with the displacement Project that requires PAPs to move from home, work place or business premises to another location. Project Affected Any person who, because of the implementation of the (sub)-project suffers impacts Person (PAP) stemming from involuntary land acquisition and resettlement is referred to as a Project Natural or legal Affected Person. persons Private Domain The Private Domain consists of assets owned by the Romanian State and not included of The Romanian in the Public Domain. The Romanian State has a private ownership over such goods State Public Domain of The Public Domain consists of the following goods acquired by the Romanian State The Romanian by the methods provided for by law: State (i) the goods explicitly described in art. 136 paragraph 3 of the Romanian Constitution, which are the exclusive subject of public property: [...] the underground resources of public significance, the airspace, the waters with energetic potential of national significance, the beaches, the territorial sea, the natural resources of the economic region and of the continental plateau, as well as any other goods determined by the organic laws [...]; (ii) the goods explicitly listed in Annex 2 to the Administrative Code.6 Among them, for the Justice Quarter project, the following goods indicated in point 30 of the Annex 2 to the Administrative Code are relevant, goods that are included in the State’s public domain – the lands and buildings where the following institutions operate: [...] ministries and the other specialized bodies of the central public administration and the public institutions subordinated thereto; courts of law and prosecutor’s offices seconded thereto [...]; other goods of national public use or significance designated as such by law. 6 Approved by Government Ordinance no. 57/03.07.2019. 14 Replacement cost Replacement cost is defined as a method of valuation yielding compensation sufficient to replace assets increased by necessary transaction costs associated with asset replacement. Where functioning markets exist, replacement cost is the market value as established through independent and competent real estate valuation, plus transaction costs. Where functioning markets do not exist, replacement cost may be determined through alternative means, such as calculation of output value for land or productive assets, or the undepreciated value of replacement material and labor for construction of structures or other fixed assets, plus transaction costs. In all instances where physical displacement results in loss of shelter, replacement cost must at least be sufficient to enable purchase or construction of housing that meets acceptable minimum community standards of quality and safety. The valuation method for determining replacement cost should be documented and included in relevant resettlement planning documents. Transaction costs include administrative charges, registration or title fees, reasonable moving expenses, and any similar costs imposed on affected persons. Restitution Restitution - restitution in kind or equivalent of the land taken over abusively by the former Communist regime. Stakeholders Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a Project, or having interest in and the ability to influence the Project. Vulnerable Refers to people who by virtue of gender, ethnicity, age, physical or mental disability, group/individuals economic disadvantage, or social status may be more adversely affected by resettlement than others or who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. 15 1. INTRODUCTION 1.1 Project description and context of the Project 1. The Justice District project (the Project) represents convergence of a couple of synergistic Government initiatives. Since 2013, the Ministry of Justice (MoJ) has envisioned co-locating justice-sector institutions, currently housed in disparate locations around Bucharest, into a single location, thereby improving convenience and accessibility for clients, attorneys, judges and other stakeholders. Meanwhile, various local and national Government entities have expressed interest to redevelop the long-vacant, strategically located site, known as Esplanada, into a dynamic mixed- use neighborhood, igniting vibrancy in this area of Bucharest. The Government of Romania through the Ministry of Finance and Ministry of Justice, has requested financial support from the World Bank (the Bank) for the design and construction of the Justice District on the designated area within Esplanada site (western half of the site); development of the other half of the site will be initiated by the Bucharest Municipality. 2. The development of a Justice District, housing justice-related institutions at Bucharest level, has been a Government objective since 2013. Governmental strategic documents include the development of the Justice District among other measures aimed to improve the efficiency and accessibility of justice institutions and services. The Strategies for the Development of the Judiciary for 2015â€?2020 and for 2022-2025, adopted by Government Decision no. 1155 in December 2014 and by Government Decision no. 436 in March 2022, set as specific objective the improving the infrastructure of courts and prosecutor's offices, including the Justice District. 3. Since 2018, all Romanian Governments have included the development of Justice District among the objectives of their Programs. The Government Program voted in 2018 and implemented until October 2019 included the following measures: i) strengthening the capacity of the High Court of Cassation and Justice to fulfill its constitutional role of unification of judicial practice through ensuring the material and human resources, including appropriate headquarters by Justice District project (no. 14); ii) developing of the Justice District project in order to solve the problem of lack of necessary spaces for courts and prosecutors’ offices in Bucharest, for the Superior Council of Magistracy, for the Judicial Inspection, for the National Institute of Magistracy and the Ministry of Justice, within an urban rehabilitation program (no. 17). The subsequent Government Programs, the one implemented between November 2019 and December 2020, and the current one, for 2021- 2024, include the continuation of the Justice District Project. 4. The Memorandum adopted by the Romanian Government on August 2, 2018, (on Decision regarding the situation of the Esplanada site for the development of a functional reconversion program), establishes Esplanada as the location where the Justice District will be developed. In August 2019, by Government Decision,7 were approved: (i) the renaming of the site from Esplanada to Justice District and projects of public interest for the Bucharest City; (ii) the program for the site functional reconversion; (iii) the Ministry of Justice is responsible for the preparation and development of the Justice District Project, while the Bucharest Municipality is responsible for the projects of public interest for the Bucharest City. 5. The Justice District will bring under one roof several key justice institutions, ensuring the provision of integrated services in modern facilities that meet the latest seismic resistant standards.8 It will include the headquarters of the first instance courts and prosecutors’ offices located in Bucharest (court rooms, current archives, office spaces for judges, clerks, prosecutors, auxiliary court personnel, technical spaces etc.) as well as for other institutions part of the judicial system located in Bucharest. The Ministry of Justice approved on March 4, 2019, a list with 23 institutions proposed to be moved in the Justice District. These institutions are proposed to be the Project 7 Government Decision no. 592/2019 published with the Official Gazette no. 682/2019. 8 These standards are important as Bucharest is located in a high-risk earthquake area. 16 beneficiaries, but the list may be adjusted and finalized together with the approval of the final version of the Conceptual Design Note: • Ministry of Justice • Bucharest Court of Appeal • Bucharest Tribunal • First Instance Courts for Bucharest Sectors 1-6 (6 first instance courts) • Superior Council of Magistracy • National School of Clerks • National Institute of Magistracy • Judicial Inspection • Public Ministry – or the General Prosecutors Office • National Directorate for Anticorruption • Prosecutors’ Office attached to Bucharest Court of Appeal • Prosecutors’ Office attached to Bucharest Tribunal and to all 6 Sector First Instance Courts (7 prosecutors’ offices). 6. The Romanian Government, through the Ministry of Public Finance and Ministry of Justice, has requested financial support from the World Bank (the Bank) for the design and construction of the Justice District on the designated area within Esplanada site. 1.2 Project objectives and components 7. The proposed project aims to improve access to resilient, climate neutral, and integrated urban justice infrastructure in Romania. In this respect, the project will support the construction of the Justice District in Bucharest hosting 23 beneficiary institutions part of the judicial system as well as the operationalization of the integrated justice service delivery model in the JD, enabling further enhancement of service delivery processes and increased accessibility of integrated services in a location that deals with a specialized case load and which sees the country’s highest volume of cases. 8. The Project components are: 9. Component 1: Resilient and Climate-Smart Justice Infrastructure – This component will finance demolition and construction works on the JD portion of the Esplanada site, which will respond to seismic risks and will incorporate best engineering practices for energy and resource efficiency. This will be complemented with construction oversight and associated consulting services. The extended Esplanada site is estimated at approximately 11 hectares, of which the area earmarked for the JD is estimated at 5.506 hectares. While works are envisaged to take place only on the JD portion of the site, Bank experts will also support the City of Bucharest with development of an integrated vision for the remainder of the site (i.e., the roughly remaining 5.5 hectares), through Bank-executed activities that can be deployed immediately. This just-in-time support will be complemented by technical assistance (TA) for urban regeneration more broadly, discussed under subcomponent 2.3. a. Subcomponent 1.1: Site preparation and construction. This subcomponent will include all required demolition works of the existing foundation, followed by construction and engineering works, installation of furniture systems and fixtures, IT infrastructure and equipment, basic endowments, appliances and interior decoration, and commissioning and testing of building infrastructure and equipment. The technical engineering and architectural design, to be finalized under the ongoing Bank-financed Strengthening 17 Foundations for Improved Justice Service Delivery (Foundations) Project (P178599), and following the approval of the project feasibility study, includes four hectares of underground construction, seven above-ground building extensions, a 0.7-hectare park, and other green spaces. The Foundations Project will also support stakeholders’ engagement activities on the detailed technical engineering and architectural designs. The feasibility study, financed by the Project Preparation Advance (PPA) which precedes the aforementioned technical engineering and architectural design, is expected to be completed by November 2023 and approved by December 2023. This subcomponent will support the construction of all JD facilities except for the National Lawyers Association building, which will be privately financed and constructed. b. Subcomponent 1.2: Construction oversight and related consulting services. This subcomponent will finance all consultancy services related to the demolition and construction works under subcomponent 1.1. These services include: i) continued support from the technical design team throughout the execution of the civil works and building construction; ii) technical audits and quality verification of design and any required modifications, if necessary; iii) engineering and architectural oversight of civil works and building construction and fit-up; iv) legal services related to the JD regarding provisions associated with national law such as post expropriation, restitution support or contractual potential claims during works executions related to civil works contract; v) elaboration of energy efficiency certificates for the JD after completion; vi) services required for implementation and monitoring of Environment and Social Framework (ESF), including all documents such as the Resettlement Action Plan (RAP) and the Environment and Social Impact Assessment (ESIA); and, vii) any other services required arising from the Feasibility Study and technical project. c. Subcomponent 1.3: Facility commissioning, preparation for occupancy and ongoing facilities management of the JD campus. This subcomponent will support i) planning and execution of physical moves, relocation and migration from other sites to the JD complex, including relocation costs; ii) capacity development for operational life-cycle asset management, understanding options for service delivery including planning and procurement of outsourced facilities management and other technical services required to operationalize and manage a contemporary smart energy efficient building campus; and iii) capacity development to manage the future occupants from the various Justice entities and establish agreements and expectations for common building services and service levels. 10. Component 2: Inclusive and Sustainable Urban Regeneration – This component aims to broaden the impact and benefits of consolidating various Justice entities at the Justice District (JD). It will assess current sites to be vacated after institutions will have moved to the JD premises, engage with the community on the future of the JD, and compile a guide for urban regeneration to inform future projects. a. Subcomponent 2.1. Inventory of and asset planning for buildings currently occupied by the justice institutions. This subcomponent will facilitate the Ministry of Justice’s (MoJ’s) plan to relinquish leased sites and renovate owned sites for entities which will not be part of the JD complex. This includes the assessment of building conditions, functional suitability for future uses, and feasibility studies for renovation and modernization, which may include energy efficiency and seismic performance upgrades. An action plan will outline the program management, procurement, and governance approach for renovation projects and incorporate a relocation plan. b. Subcomponent 2.2. Community engagement. This subcomponent will finance a comprehensive community and stakeholder engagement plan, including understanding the potential for public and open spaces within the JD site to host programs/activities (e.g., “Open Justice Daysâ€?) to engage children, youth, and women and to promote awareness of justice processes, or to involve local community groups in public art competitions. This 18 will also include outreach to other national or local public institutions that may require a new or larger space to operate within the JD site. c. Subcomponent 2.3. Future Urban Development. This subcomponent will finance the development of a guide for undertaking complex urban regeneration projects to inform similar future interventions. The guide will focus on scalable aspects such as integration into the larger urban context and public space design, as well as project-specific aspects like historic awareness and interior design. It will encapsulate lessons learned from the JD project, offering legal analyses on expropriation and compensation to inform future urban policy. The guide's first application will be for the undeveloped portion of the Esplanada site. Additional preparatory work in collaboration with the City of Bucharest will be undertaken as part of Bank-executed trust funds during project preparation, including a concept and pre-feasibility study. 11. Component 3: Integrated Justice Service Delivery – This component aims to improve the provision of justice services through the implementation of an integrated justice service delivery model. The current dispersed locations of justice sector institutions—ranging from MoJ to courthouses and training centers—hamper coordination, accessibility, and staff morale. The creation of a JD offers an opportunity to enhance institutional synergy and reduce accessibility barriers such as time, cost, and distance for citizens and businesses, resulting from the co-location and improved facilities of various justice sector institutions partaking in the justice service delivery chain. a. Subcomponent 3.1. Integrated User-Centric Justice Service Delivery Model in Bucharest. This subcomponent will finance an integrated approach to improve collaboration and coordination amongst different justice sector institutions, simplify selected procedures to streamline internal processes and introduce new service standards for internal users. This will also include support to strength the user-centric justice delivery model through the design and roll-out of pro-bono schemes for judicial/extrajudicial legal aid programs for legal professionals relocating to the JD. b. Subcomponent 3.2 Strengthening back-office systems and management for the JD. This subcomponent will complement physical infrastructure and facilities improvements financed under Component 1 by leveraging digital technologies to improve back-office systems and operations of institutions to be located at the JD. This will include digitalization of archives of district courts and courts of appeal and the adoption of other digital technologies (e.g., speech2text and using digital platforms for legal drafting). Activities under this component will also ensure interoperability of case management and information systems to allow the collection, use and analysis of accurate data amongst justice institutions. Building upon lessons learnt from justice quarters in other European countries (e.g., the UK, France, Luxembourg), this subcomponent will also provide support for operational and business continuity planning to ensure the successful relocation of justice sector institutions into the JD. c. Subcomponent 3.3. Stakeholder and citizen engagement activities. This subcomponent will finance internal (judges, prosecutors, court personnel) and end user surveys (bar association, lawyers, and the public) to assess user satisfaction with the quality of justice service delivery in the JD compared with service delivery in their current premises. 12. Component 4: Project Management – This component will finance incremental project management costs, financial and technical audits, monitoring and evaluation of project activities, oversight and implementation of environmental and social safeguards, communication, technical assistance and consultant services, training, and knowledge exchange. The PIU will oversee the day-to-day management of all project components and will require additional capacity to manage the scope, schedule, and budget of the technically complex project. This entails demolition, design, civil 19 works, and other logistical challenges, including relocating multiple justice entities to the new JD site and planning for the repurposing of vacated sites. 13. The existing US$2.5 million project preparation advance (PPA) for the JD will be used for continuing support to the JUST Project preparation activities. These include creating a site redevelopment strategy with energy-efficient design principles, conducting feasibility studies and initial design work, as well as preparing required documentation to comply with World Bank guidelines, the Project Operations Manual, and the project's communication strategies. 14. Component 5: Contingency Emergency Response Component – This zero-amount component is to improve Romania’s capacity to respond to disasters. Following an eligible crisis or emergency, including climate-related disasters, the recipient may request the Bank to reallocate project funds to support emergency response and reconstruction. This component would draw from the uncommitted loan resources under other project components. An emergency eligible for financing is an event that has caused or is likely imminently to cause, a major adverse economic and/or social impact to the Borrower, associated with disasters. The CERC will be guided by a CERC Manual. Disbursement under this component will be subject to the adoption of the CERC Manual. 15. Land acquisition, subject of this Resettlement Action Plan (RAP) will take place under Component 1 – Subcomponent 1.2. 20 1.3 Purpose of the Resettlement Action Plan 16. For investment projects supported by the Bank that involve involuntary resettlement, the Bank requires as a condition to appraisal that the borrower prepares a Resettlement Action Plan, guiding any resettlement induced by the Project’s activities, in line with the World Bank’s Environmental and Social Standard 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. The term resettlement is not restricted to its usual meaning (physical relocation) and can, depending on the case, include; Project-related land acquisition or restrictions on land use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. The term “involuntary resettlementâ€? refers to these impacts. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. The Project will require acquisition of land, historically and currently unused in the urban area of Bucharest, both private and state owned, and no physical displacement or livelihood impacts are anticipated. 17. This Resettlement Action Plan was developed to provide measures to manage land acquisition related impacts, based on up-to-date and reliable information about (a) the proposed project and its potential impacts on the displaced persons (b) appropriate and feasible mitigation measures, and (c) the legal and institutional arrangements required for effective implementation of resettlement measures. The RAP is based on the laws and regulations of Romania and the World Bank’s ESS5 and includes measures to bridge the gaps between the two. 18. Specifically, this RAP describes the procedures to be followed and the actions to be taken to properly acquire land and compensate affected people by paying compensation at replacement cost and providing for adequate consultation and full functioning of the grievance mechanism. The objectives set shall be adhered to regardless of the scope and scale of individual impact. 19. In addition, the RAP addresses issues related to historical land acquisition that were carried out during the communist regime, prior to the inception of the Project, by describing existing national laws and regulations that are available to those who believe had been affected under such historical land acquisition. 20. The preparation of this document has been guided by the Bank’s Involuntary Resettlement Sourcebook: Planning and Implementation in Development Projects (2004), the Social Framework for Projects and good practice cases as well. 21. The RAP’s specific objectives are to: • classify legal solutions in the events of involuntary resettlement and loss of assets, including legal and administrative procedures and assessment of compensation to be paid for loss of assets; • compare national legal solution to the Bank resettlement policies and international good practices; identify gaps and provide measures to bridging the gaps; • identify key institutions involved during Project implementation, including especially legally authorized state institutions implementing the procedures and safeguards of land acquisition process; • design monitoring and evaluation criteria to ensure the Project compliance with ESS5, international good practices and this RAP; • define the basic process of identification and evaluation of affected assets and the amount of compensation to replace the loss of assets; • identify affected categories of Project Affected Persons (PAPs); • present PAPs’ eligibility criteria and compensation entitlement matrix according to type of loss; 21 • provide instruments for prompt and effective compensation at full replacement cost for loss of assets or access to assets; • specify requirement of public disclosure, disclosure of documents, consultation on the Project preparation with emphasis on the RAP; • specify internal monitoring activities during RAP implementation; • present a Project Grievance Redress Mechanism (GRM) to provide people who believe are adversely affected by the Project an avenue to raise issues and concerns free of charge. 2. PROJECT AREA DESCRIPTION 2.1 Site physical characteristics and alternatives considered 22. The Esplanada site is located in Bucharest in Sector 3 and is bordered by Unirii Boulevard to the North, the Octavian Goga Boulevard to the South, the Nerva Traian Street to the East, and the Mircea Voda Boulevard to the West. The area is part of central Bucharest, near the Unirii Square and the historic center, just across the National Library. Esplanada has easy direct access from the surrounding roads and good public transportation links. 23. According to measurements carried out in 2003, as reported in the Protocol on November 20, 2003 between the Ministry of Culture and Religious Affairs and the Ministry of Transport, Constructions and Tourism, the Esplanada site’s total area is approximately 107,140 sqm. The most recent cadastral measurements conducted in 2015 by the Romanian State through the Ministry of Development, Public Works and Administration (MDPWA), former Ministry of Regional Development and Public Administration (MDRAP) identified a total area of 107,030 sqm. 24. The Ministry of Justice contracted in late 2013 a special survey in order to choose the right site for the Justice District, among 3 short listed sites, all in Bucharest. Several comparison/evaluation criteria were used as follows: legal regime, possibility to utilities’ connections, topographical elements, urban indicators (high regime, maximum percentage of occupation by future buildings, relation with major urban poles, correlation with General urban Plan of Bucharest etc.), degree of public access to site (site accessibility by citizens), connection to public means of transportation, relation with other justice buildings in the vicinity, economic development direction towards south east area of the city. The current “Esplanadaâ€? site received the highest score: 41, while the other 2 sites received 33 and 27. Esplanada was thus identified as the most suitable site, economically, technically and otherwise feasible. 25. In 2018 the Romanian Government adopted a Memorandum (on Decision regarding the situation of the Esplanada site for the development of a functional reconversion program), deciding the Justice District to be developed within only one half of the Esplanada site, while the other half was designated for projects of public interest to be initiated by the Bucharest Municipality without a specific timeframe. 26. Based on this delineation, the physical footprint of the Project will be about 5.35 hectares (53,500.00 sqm) of land. This is the area subject to this RAP. The figure below depicts the entire Esplanada site and the portion designated for the Justice District. 22 Figure 1: The Justice District area within the Esplanada site Source: Based on Google Maps. The Project area is unoccupied and covered with spontaneously grown vegetation. The site hosts part of a State-owned concrete foundation of a concert hall in the area of 26,847 sqm (remains of foundation are clearly visible on Figure 1). The former communist regime had commenced construction of the concert hall in 1989, but it was never completed as in that same year, the regime collapsed. The foundation will be demolished and removed in order to prepare the site for redevelopment. Figure 2: Pictures of the Project area 23 Source: Pictures taken during site visit, June 2019 and situation verified during January 2023. 24 2.2 Applicable urban regulations and legal provisions 27. The 2000 Bucharest General Urban Plan (PUG), currently under revision but applicable, zoned Esplanada as a central subzone (CA1), with land allocated for business center development. The PUG also allocated two land parcels on the site for the development of public green spaces and parks (V1a). The Project does not affect the protected built areas delineated in the PUG, nor does it affect the area of protection of any historical monuments. Figure 3: The Justice District area in PUG Source: Excerpt from the Functional Zoning of the General Urban Plan of Bucharest, processed to highlight the Justice District area. 28. The Zonal Urban Plan (PUZ) for Sector 3 was approved by the Bucharest Municipality through the Bucharest General Council Decision no. 49/31 January 2019. The Sector 3 Zonal Urban Plan was successfully challenged in court, because the PUZ lacked a mandatory Environmental Assessment and related endorsement from the Bucharest Environmental Protection Agency. This Agency had unlawfully decided that this assessment was not needed for PUZ Sector 3, as it covered only small areas at local level with no significant impact on the environment. 29. As the PUZ sector 3 was cancelled in court, the Ministry of Justice prepared and obtain approval for an Urban Detailed Plan (PUD), specific and dedicated exclusively to the Justice District site, in order to go further with the Project implementation. The Urban Detailed Plan was approved on December 15, 2022 through the Local Council Sector 3 Bucharest Decision No. 551. 30. PUD was legally grounded on a High Court of Cassation and Justice past practice (jurisprudence) and on two other individual administrative acts regulating Justice District, which are in force since August 2019 and thus produce legal effects, namely Government Decision (GD) no. 592/12.08.2019 and Urban Certificate (UC) no. 996/22.09.2021. These 2 administrative acts imposed and continue to impose by their content, the obligation and necessity to draw up the PUD for the District of Justice. Hence, MoJ complied and elaborated the PUD. In conclusion, the late cancellation in court of Sector 3 PUZ, had no implications regarding the Justice District Project, as the PUD approval was based on the binding legal effects of two valid administrative acts, that are prior to the court decision to cancel the PUZ and which required the adoption of the PUD for the Justice District project. 31. Justice District will continue to be designed until the building and demolition permits are issued by competent local authority, grounded on the Urban Detailed Plan (PUD) for Justice District approved 25 by Bucharest Sector 3 Local Council through Local Council Decision (HCLS3) no. 551 dated 15 December 2022. 32. This means that, for the Project area, the urbanistic regulations from the PUG and PUD are in effect. Figure 4: The Justice District area in the PUD Source: Excerpt from the Justification Memoire of the PUD. 33. According to the PUG, PUD and the Government Decision no. 592/2019, the central subzone CA1 is allocated for an objective of public utility: Project for urban regeneration and functional reconversion of the Esplanada site, that includes the Justice District and projects of public local interest for Bucharest. More, the Government Decision no. 592/2019 mentions that: (i) each component of the objective of public utility will cover half of the Esplanada site (the western half being allocated to the Justice District and the eastern one to the projects to be initiated by the Bucharest Municipality), and (ii) two Detailed Urban Plans will be developed for each investment objective on the Esplanada site. 34. According to the PUD, the area allocated to the Justice District can be used for institutions and functions related to administrative structures necessary for the functioning of the judiciary, including the necessary infrastructure. Also, the PUD mentions that, based on subsequent project design documentation, other activities could be allowed, such as restaurants, cafes or bookstores, services necessary for the institutions’ personnel or for the general public. 35. All the urbanistic aspects involved in the Justice District were addressed by the PUD prepared for the Justice District area and approved by Bucharest Sector 3 Local Council through Local Council Decision (HCLS3) no. 551 dated 15 December 2022. 36. The V1a land parcel on the western side is allocated for green spaces and parks with unlimited access. In this area, small scale buildings are permitted for food services, trade and for exhibitions and cultural activities, limited by the provisions of Law no. 24/2007. 26 2.3 Historical context of Esplanada site 37. Before 1960, the site included 261 former plots (street numbers), with an approximate surface area of 10,7 hectares (107,000.00 sqm), belonging to various natural/ legal persons. Table 1: Inventory of the land plots before 1960 Inventory by former plots (former street numbers) No. of Observations plots (former street numbers) Total number of plots on former ESPLANADA site 261 (former street numbers) Total number of plots on Justice District Site (former 143 street numbers) – out of which: - Plots with Land books (restitution in nature) 13 All are under Category 1 of RAP belonging to natural/legal persons - Plots without Notifications 50 All are under Category 3 of RAP - Plots with solved but rejected Notifications 3 - Plots for which compensations were given by 9 Town Hall or MDPWA after the Notifications were resolved - Plots for which compensations were already 24 given through expropriation decrees before 1990. - Plots with pending Notifications 13 All are under Category 2 - Plots (former street numbers) for which 31 Of these 31 plots, 5 have land books multiple solutions were applied (i.e – on the and the owners fall in Category 1. same former plot, compensations were These 31 former plots are affected received through expropriation decrees, there today by 27 pending/unsolved are also pending Notifications, rejected ones, notifications (under Category 2). NB: compensations given after resolving the number of notifications was higher Notifications and, in a few cases (5), there are than the number of former street also Land Books issued). numbers (former plots) Also, for these 31 plots, 6 notifications were rejected, compensation measures were given for 27 notifications and for 46 compensations were already given through expropriation decrees before 1990. 38. Between 1950-1989, the communist regime of Romania nationalized/ expropriated9 all land and buildings belonging to natural or legal persons located within the Esplanada site with the intention to construct a Center for Creation and Culture Song [of praise] to Romania on the Esplanada site. 9The regime issued the following normative acts related to this expropriation: Decree no. 92/1950 published in the Official Gazette no. 36/1950; Decree no. 260/1986 approved measures for the realization of investment objectives in the area of the new civic center of the city of Bucharest - unpublished; Decree no. 378/1986 approved some measures for starting the execution of the works to the investment objectives Marasesti Road Passage and Baneasa Road Passage, unpublished; Decree no. 217/1989 regarding the expropriation of certain real properties, demolition of certain constructions, decommissioning of certain fixed assets as well as the dismantling of certain roads located in Bucharest, unpublished; Government Decision no. 556/1990 authorized the payment of damages for the demolition of some buildings located in Bucharest and Ilfov, partially published with the Official Gazette no. 134/1992. 27 However, when the communist regime collapsed in 1989, progress on the proposed cultural center stopped leaving behind the planned building’s concrete foundation. 39. After 1989, the Romanian State adopted a series of normative acts to remedy the past harms caused including Law 10/200110 relevant to the land ownership affected within the JD site. The Law enabled persons affected by abusive nationalization/ expropriation procedures to file Notifications with designated Competent Institution to achieve restitution of their nationalized property in kind or in the form of equivalent compensation. 40. The Law identified categories of person eligible to submit restitution Notifications for restitution of property abusively taken over by the Romanian State between 1945-1989 or to receive equivalent compensations: • natural persons who owned the property at the date of their abusive takeover; • natural persons, as associates of the legal person who owned the property at the date of abusive takeover; • legal persons, co-operative organizations or any other legal entities owners of properties abusively taken over by the state. 41. In 1990, transfer of the patrimony of the former Communist Party to the Romanian state was enacted based on the Decree - Law 30/1990 and the Decision 115/1990 on the application of the Decree - Law 30/1990. The entire patrimony of the Communist Party became property of the Romanian State. As the Esplanada site was part of the patrimony of the Romanian Communist Party, under the above-mentioned normative acts, it became Romanian State property, under the administration of Ministry of Culture and Religious Affairs. 42. In 1995, two Governmental Decisions (No. 684 and 793) were issued, enabling financing of an international city planning contest, called Bucharest 2000. The purpose of the contest was to involve the international community of architects in designing a new, modern face for Bucharest’s city center, including the Esplanada. The prizes for Bucharest 2000 contest were awarded on September 1996, and the newly established administration started taking action towards implementing the winning project through legislative, administrative and financial measures. However, no further steps were taken towards implementing the results of the contest Bucharest 2000 and the project has since disappeared from the public agenda. 43. In 2003, the Government adopted Decision No. 937/2003 regarding the transfer of the administration of Esplanada from the Ministry of Culture and Religious Affairs to the administration of the Ministry of Transport, Construction and Tourism. The decision also mandated the Ministry of Transport to start a priority program for redeveloping of the site. 44. In 2004, the Government adopted Decision No. 373/2004, changing the site’s name from Center for Creation and Culture Song [of praise] to Romania to Esplanada. This normative act also empowered the Ministry of Transport, Construction and Tourism to start the procedure of soliciting potential investors for a public-private partnership to develop the site into a multifunctional urban center. However, the objective established by Decision no. 373/2004 for the development of a multifunctional urban center on Esplanada through a public-private partnership was never realized. 45. Between 2007-2018, in subsequent normative acts,11 the rights and obligations of the Ministry of Transport, Constructions and Tourism were taken over by various Ministries to be ultimately transferred to the MDPWA which has a legal responsibility in restitution and resolution of Notifications related to land, while the Bucharest Municipality is in charge of Notifications related to demolished buildings. 10 Law 10/2001 on the legal regime of some real properties abusively taken over from 6 March 1945 to 22 December 1989, re-published with the Official Gazette no. 798/2005. 11 Government Ordinance no. 24/11.04.2007, Government Decision no. 361/2007, Government Decision no. 33/2009, Government Decision no. 1631/2009, Decision no. 1/2013, Decision no. 15/2017, Decision no. 51/2018. 28 46. On August 20, 2013, at the proposal of the Ministry of Justice, the Government adopted the Memorandum on Achieving the Justice District Investment Objective. Based on this Memorandum, MoJ funded a study for the project location, that concluded that: i) of the three different sites analyzed, the most suitable for the District is the area of 10.7 hectares (107,000.00 sqm), located in Bucharest, Sector 3, on Unirii Blvd. (Esplanada) and ii) estimated the value of the investment, including its design. According to this Memorandum, the entire area of 10.7 hectares (107,000.00 sqm) was intended for the exclusive realization of the Justice District. 47. In the first part of 2014, based on the location study, Ion Mincu University of Architecture and Urban Planning, with the support of the Ministry of Justice, made the general design of the Justice District. On December 10, 2014, the Government adopted the Memorandum on The Justice District - a town-planning complex destined for the premises of some institutions belonging to the judiciary system. Point II of this Memorandum proposes the realization of the Justice District project with the effect of concentrating in one site the main institutions of the judiciary system. 48. On November 29, 2017, the Government adopted the Memorandum on Decision on the situation of the Esplanada, in order to develop the Justice District, within the framework of a functional reconversion program. The Memorandum presents the main elements regarding the situation of the Esplanada, including the legal situation of the land at that time, and proposes a series of measures in order to achieve the objective of the Justice District. 49. On August 2, 2018 the Government adopted the Memorandum on Decision regarding the situation of the Esplanada site for the development of a functional reconversion program. The Memorandum presents an updated legal situation of the site, describes the legal solution for acquiring the land (based mainly on Law 255/2010) for the program development. It also established that only one half of the Esplanada site will be designated for the Justice District project and the other half to the Bucharest Municipality. 50. On August 2019 the Government adopted the Decision no. 592 for the approval of the name change of the location of the investment objective, located in the municipality of Bucharest, Bd. Unirii, sector 3, from "Esplanada" to "Cartierul pentru JustiÈ›ie" and "public interest projects of the municipality of Bucharest", as well as for the approval of the priority reconversion program functional of the location. 51. On December 15, 2022 the Urban Detailed Plan (PUD) for Justice District approved by Bucharest Sector 3 Local Council through Local Council Decision (HCLS3) no. 551. 2.4 Land ownership within the Project area12 52. The 5.35 hectares (53,500.00 sqm) designated for the Project, comprises 19 plots of land owned by: • Natural/ legal persons • The Bucharest Municipality • The Romanian State. 53. An area approximately 1,07 hectares (10,700.00 sqm) consisting of 18 plots, is owned by natural persons, legal persons and by the Bucharest Municipality. These plots were subject of claims for land restitution and were given back to former owners or their heirs by the Romanian State. The current owners are either: • natural/ legal persons who achieved restitution of land, • natural persons who inherited land after the restitution and • natural/ legal persons and the Bucharest Municipality who bought land after it was restituted to former owners (or their heirs). 12The data provided in this section is the one available at the moment of the RAP elaboration and may change all throughout Project preparation and implementation. 29 54. The other part designated for the Project, which amounts to 42,824.76 sqm, is in the private domain of the Romanian State, administered by MDPWA, and can be categorized by Notification impacts as follows: • land affected by Notifications • land unaffected by Notifications - land afferent to former streets and land neither claimed by former owners nor their heirs. 30 Table 1: Distribution of Project area per type of ownership Type of ownership Area (sqm) Private ownership 10,690.24 Private domain of the Romanian State, out of which: 42,824.76 former streets within the area 13,500.00 area affected by unresolved Notifications 10,000.00 area not affected by Notifications 19,324.76 Total Project Area 53,515.00 Source: Calculations based on data from MDPWA and Bucharest Municipality. The data available from the Bucharest Municipality regarding the application of Law 10/2001 shows that a total of 85 Notifications13 have been filed, claiming restitution or compensations for land within the Project area. Out of these, 40 are still unresolved.14 The distribution of these Notifications by their current status is presented in the table below. Table 2: Distribution of Notifications for land within Project area by current status (July 2023) Current status No of Notifications Notifications unresolved (Bucharest Municipality and MDPWA) 40 Notifications resolved by compensations 36 Notifications rejected 9 Total 85 Source: Bucharest Municipality, data available on the Municipality website15 and data provided by Bucharest Municipality. The land under the unresolved Notifications (those pending at the Bucharest Municipality and those referred to MDPWA) has an area of approximately 10,000 sqm. 13 This does not include claims filed for the 18 plots that already have private ownership. 14 These 40 unresolved Notification cases were submitted by 51 persons. The number of people who submitted the Notification is larger than the number of Notification cases because some Notifications were submitted by co-owners to the plots to which they submitted Notifications. 15 http://www4.pmb.ro/wwwt/l112jur/iapag1jur.php. 31 3. ROMANIAN LEGAL FRAMEWORK 3.1 The regulatory framework guiding land acquisition - The Romanian Expropriation Law 55. The basic set of the regulatory framework guiding land acquisition for development of the Project are: • The Constitution of Romania16 (passed in 1991 as amended, Republished with the Official Gazette No. 767/ 2003); • The Law 33/1994 (Republished with the Official Gazette No. 472/2011)17 regarding the expropriation for public utility; • The Law 255/2010 on expropriation for the public utility cause, necessary to achieve national, county and local interest18 (Published with the Official Gazette no. 853/2010; as amended in 2018 which allows for the expropriation of private land for, inter alia, the construction, rehabilitation, modernization and/ or functional reconversion of administrative buildings necessary for the functioning of the judiciary system are considered of national public interest; • Civil Code 287/200919 (Republished with the Official Gazette No. 71/2011); • Civil Procedural Code 134/2010 (Republished with the Official Gazette No.247/ 2015). 56. The Romanian Constitution as the highest legal act ensures integrity of property and guarantees peaceful tenure of a person’s property and other property rights acquired by law. It states that property rights may be revoked or expropriated, only based on the grounds of public utility, established in compliance with the law, against just compensation paid in advance and, that compensation provided […] shall be agreed upon with the owner, or by the decision of the court when amicable settlement cannot be reached. 57. By passing the Law 255 in 2010 and further amendments, a list of objectives of national, county and local interest are declared as public utility by law. 58. The expropriation process is designed to be completed through 4 legally defined gradual stages. The most important features of the national land acquisition law as applicable are: • willing buyer willing seller transactions are not encouraged by law, but the eminent domain right prevails; • involuntary land take i.e. expropriation can take place exclusively to serve the development of a public utility cause; • in case of the Justice District Project the public utility cause was established by law; • the law enshrines the principle of fair compensation; • the estimated amount of compensation sufficient to cover payments have to be secured and deposited at an escrow account prior to ownership right transfer; • as a rule, the valuation is based on the Notary`s Grid; • in case of disputes and disagreements with the valuation, the case is referred to the competent court and it is at the discretion of the owner to accept the undisputed amount, while continuing the case in front of the court of law until full and final settlement based on his claim has been reached; 16 Accessible in Romanian Language at http://legislatie.just.ro/Public/DetaliiDocumentAfis/47355, last accessed on June 12, 2019. 17 Accessible in Romanian language at http://legislatie.just.ro/Public/DetaliiDocument/4066 last accessed on June 12, 2019. 18 Accessible in Romanian language at http://legislatie.just.ro/Public/DetaliiDocument/124540, last accessed on June 12, 2019. 19 Accessible in Romanian language at http://legislatie.just.ro/Public/DetaliiDocument/175630, last accesses on June 12, 2019. 32 • transfer of title occurs based on the expropriation decision, prior to payment of compensation, respectively after the amount needed for payment of compensation had been secured and deposited in an escrow account. 59. The Memorandum on Decision regarding the situation of the Esplanada site for the development of a functional reconversion program, adopted by the Romanian Government on August 2, 2018, presents the legal solution for land acquisition for the Justice District i.e., expropriation and land transfers pursuant to Law 255/2010. The Law is complemented by the provisions of Law 33/1994 (on expropriation for public utility), the provisions of Civil Code and Civil Procedure Code, to the extent that they do not contradict with Law 255/2010 and by the Methodological Norms for the Application of Law 255/2010, approved by the Government Decision 958/2013. 3.2 Public interest and purpose of expropriation 60. The Law 255/2010 sets the legal framework for the expropriation for the public utility cause, necessary for objectives of national, county or local interest. The law applies in the case of the Project, as the construction, rehabilitation, modernization and/ or functional reconversion of administrative buildings necessary for the functioning of the judiciary system are considered of national public interest. Moreover, the law stipulates that the Ministry of Justice represents the Romanian State as the expropriator of private properties to carry out the Project. 61. In accordance with the provisions of the Law 255/2010, assets belonging to natural persons or legal persons, with or without lucrative purpose, or to any other entities, as well as those in private domain of communes, cities, municipalities and counties can be subjected to expropriation. 62. Following expropriation, the Project affected land that is currently owned by natural/ legal persons and Bucharest Municipality would be transferred into the public domain of the Romanian State and in the administration of the Ministry of Justice, with compensation of these owners. The land that is in the private domain of the State cannot be expropriated, as it is already in the patrimony of the Romanian State. This land will be transferred into the public domain of the State and into the Ministry of Justice’s administration within 15 days as from the approval of the technical – economic indicators within expropriation procedure as per art. 28 align. 3 of Law 255/2010. 3.3 Expropriation process 63. The stages of the expropriation procedure, as provided in the Law 255/2010 and afferent methodological norm, are presented below. The assets valuation procedure is presented under Stage 1. The expropriation procedure stages have specific requirements on public disclosure of information and informing the affected persons of the expropriation procedures. These requirements are presented below, under each stage, accordingly. Stage 1. The approval of the technical and economic indicators of the national interest works The expropriator must approve by Government Decision the following elements: • the technical and economic indicators (i.e. technical specifications, costs etc.) • the framed location of the works (expropriation corridor) • the commencement of the expropriation procedure for all properties included in the expropriation corridor • the list of owners • the financing sources • the individual compensations • the term for transfer of the compensations into an account opened on the name of the expropriator, at the disposal of the owners. 33 64. The technical and economic documentation contains the final version of the feasibility study and it is elaborated in accordance with the provisions of Government Decision 907/2016 regarding the stages and framework-content of the technical and economic documentation for the public funded investments and Law 500/2002 (the law of Public Finance) and other applicable normative acts in the field of investment projects funded by public funds. 65. The expropriation corridor and the location of the works are established based on the final feasibility study (or town planning documentation) approved under the law. The expropriation corridor includes the area, with or without buildings, to be affected by the works of public utility and the list of owners as evidenced by the Land Book or the territorial administrative units. 66. The location of the works is made public by displaying it at the headquarter of the local council and by posting it on the expropriator's website. It is also communicated to the Land Book and subsequently, the location of the works is marked, and the local authorities will include the coordinates of the expropriation corridor in the related Urban Planning Documentations and related Local Urbanism Regulations. 67. The valuation of the expropriated properties, for each category of use, is carried out by an expert specialized in real estate valuation, member of the National Association of Authorized Romanian Valuers (ANEVAR). The valuation report is prepared considering the expert opinions drafted and updated by the chambers of the notaries public and under the coordination of the National Union of Notaries Public from Romania. Stage 2. Depositing the compensations and the publication of the list of properties affected by expropriation 68. The individual amounts representing the compensations are transferred into an account opened on the name of the expropriator, designated and available only to specific owners. 69. The list of the properties affected by expropriation is brought to public notice by displaying on the expropriator's website and at the headquarter of the local council. 70. The notification of the intention to expropriate the properties within the expropriation corridor and the list of the expropriated properties are sent by mail to the owners. By notifying the intention of expropriation, the deadline for evacuation of the lands will be established, which cannot be less than 30 working days. However, in the case of the Justice District, the lands are not occupied by the owners. 71. The owners have the obligation to present themselves at the headquarters of the expropriator within 20 days (from the receiving of expropriator notification) in order to file documents proving the ownership or other real right regarding the expropriated property. Stage 3. Transfer of ownership 72. The expropriator must issue the expropriation decision within 5 days from the expiration of the terms mentioned within Stage 2 (the legal term to file the ownership documents and to evacuate the expropriated lands). 73. The expropriation decision is displayed on the expropriator's website and at the headquarter of the local council. 74. The expropriation decision is a writ of execution for handing over the properties and applies both to the expropriated persons and against any other person claiming any right related to the expropriated properties. Any contestations against the expropriation decision do not suspend the transfer of ownership over the properties concerned.20 20Law no. 255/2010 – Art. 9 para. (2) – “The expropriation decision constitutes an enforceable title for the surrender of the immovable property (….). An appeal against the expropriation decision does not suspend the transfer of ownership of the immovable property in question.â€? 34 75. The transfer of the ownership right over the expropriated real estate operates by right on the issuance of the expropriation decision (provided there is a prior recording of the compensations). 76. The expropriation decision is issued and produces its effects also in cases when: 1. the owners of the expropriated properties are not present within the mentioned term 2. the owners do not present valid ownership titles 3. the owners are not known 4. there are unopened successions or unknown successors 5. there are precautionary measures ordered or the properties are mortgaged 6. no agreement is reached on the amount of the compensation. 77. In cases 1 to 4 mentioned above, the persons entitled to claim compensations have the possibility to prove the right of ownership or other real right before the Commission for the verification of the ownership right. 78. In case no. 5 mentioned above, the expropriator notifies the enforcement entity/ the creditor about the expropriation, 30 days before the expropriation decision is issued. In 15 days, the enforcement entity/ creditor has to communicate its intention to order precautionary measures/ garnishment on the amount resulted from the expropriation. In such case, the expropriator will deposit the amount at the owner’s disposal, but also will order the precautionary measures/ garnishment and inform the enforcement entity/ the creditor. In case the enforcement entity/ creditor does not answer within the set period, the expropriation will go on without taking in consideration the precautionary measures/ mortgage. The precautionary measure/ mortgage will end by right when the asset is registered on the Land Book by the expropriator. 79. For case no. 6, the procedural steps are discussed under Stage 4. 80. By way of derogation from art. 21 align. 5 of Law 10/2001 on the legal regime of some real properties abusively taken over from 6 March 1945 to 22 December 1989, the notified properties part of the expropriation corridor are expropriated according to Law 255/2010 or, by case, transferred in the state public domain and under expropriator administration. Stage 4. Completing the formalities related to the expropriation procedure 81. The Commission for the verification of the ownership right or other real rights over the expropriated properties (the Commission) is appointed by the expropriator within 5 days from the issuance date of the expropriation decision. The Commission is not a legal entity, all the roles, functions and responsibilities are assigned by the relevant provisions of the law. 82. The Commission has five members: i) the mayor or the deputy mayor; ii) one representative of the institution of the prefect; iii) one representative of the Land Book; iv) two representatives of the expropriator, with legal qualification. 83. The commencement date of the Commission's activity is brought to the public attention by publication of a newspaper announcement. 84. The local council provides the secretary of the Commission and receives/ records/ archives the requests for compensation and the proving documents. 85. Commission meetings are held daily until all decisions related to granting compensation for expropriated properties are issued and communicated according to the law. 86. The compensations payment is made based on applications filed by owners or by persons who justify a legitimate interest, who have also to attach ownership documents to prove their legal rights. In case applications are not filed, or are incomplete, the compensations are recorded on the owners’ name, but are released only when the owners prove their entitlement, under the terms of this law. In case claims are filed by several apparently entitled persons, the compensations are recorded on 35 behalf of all, but are released only to the holders of proven rights by authentic instruments or final court judgments. In such cases, litigations postpone the release of compensations. In case the owner is deceased, or the expropriated properties are subject to succession, the compensations are released only to successors that can prove their legal entitlement. 87. The Commission examines the applications and the afferent documents and summons the entitled persons. 88. If the entitled person agrees with the amount proposed as compensation, the minutes of the agreement are concluded. If the entitled person does not agree with the amount proposed as compensation, the minutes are concluded in this respect, mentioning also that the entitled person can address the court, under the conditions of Law 255/2010. 89. The Commission issues a decision within 2 days from the conclusion of the minutes that are communicated to the entitled persons and can be challenged in court. The decision is also displayed at the local council's headquarters where the real estate is located and on the expropriator's web site. 90. In case of agreement, the expropriator makes the payments by bank transfer or cash within 90 days from the issuing of the Commission decisions. In case of disagreement the entitled person can accept to receive the undisputed amount i.e., the amount offered by the expropriator and at the same time enter into court procedure to challenge the compensation and try to achieve a higher amount. In case the court grants a higher compensation, the expropriator will pay such difference. 91. The entitled persons that are dissatisfied with the amount of the compensation may contest the decision issued by the Commission to the competent court, within the general prescription period (3 years). Such litigations are solved by the competent courts with the mandatory participation of a prosecutor. In order to determine the fair compensation for expropriated properties, the court appoint a valuation committee (consisting of 3 experts, one appointed by the expropriator, one appointed by the entitled person and one appointed by the court). The valuation method used by the valuation committee is similar with the one used by the valuation expert appointed by the expropriator in Stage 1. 92. The compensation granted by the court may not be lower than the amount offered by the expropriator nor higher than the amount sought by the entitled persons. The contestation of compensation amount is governed under the common law and are exempt from court fees. The remuneration for valuation services during the judicial process shall be advanced in accordance with the common law procedure. 36 Figure 5: Diagram of the expropriation process 37 Other applicable provisions 93. The list of expropriated properties and owners is rectified whenever necessary, so that the legal situation of properties, owners and project of public utility fully corresponds to the factual situation. As a result of such modifications, the expropriator rectifies the expropriation decision, accordingly. The amounts representing compensations may be supplemented by Government decision at the request of the expropriator in the event of a change in the number of properties required to be expropriated, as well as in other well-grounded situations. 94. After the transfer of ownership, the expropriator requests the registration on the Land Book of the ownership right and the right of administration on the expropriation corridor. After the registration, the expropriator has the obligation to start the works within a reasonable time, depending on their complexity, but not later than 24 months from the issuing of the construction permit. 95. Both the expropriation procedure and the objectives (of national, county or local interest) covered by the Law 255/2010 may not be suspended at the request of any person claiming the existence of litigations regarding the possession or property of the expropriated properties. 3.4 Existing national laws on historical land take cases 96. After 1989, the Romanian State adopted a series of normative acts to remedy the past harms caused by abusive nationalizations/ expropriations, including Law 10/200121 relevant to the land ownership affected within the JD site. The Law enabled the affected persons to file Notifications with designated Competent Institution to achieve restitution of their nationalized property in kind or in the form of equivalent compensation. From the information available at this stage a total number of 8522 Notifications were submitted regarding plots on the Justice District site (Notifications already resolved: 9 – rejected, 36 – compensation measures; Notifications pending: 40). 97. The deadline for filing Notifications was set at 6 months calculated from the effectiveness date of the Law i.e. February 14, 2001. This term was extended23 by 6 more months in order to ensure the right of the Entitled Persons to submit their Notifications and to respond to litigations generated by the initial 6-month term. 98. By failing to submit Notifications within the 1-year term, those who believe to have lost properties due to nationalization/ expropriation by communist regime have lost rights to request the restitution of the property in kind or equivalent compensations in front of Competent Institutions. This applied equally to Entitled Persons with residence in Romania and those residing abroad. The Bucharest Court of Appeal, in its Decision no. 5A/13.01.2015, considered that within a period of one year, the legal time-limit for the notification, an applicant could, even if she/he did not have her domicile, residence or acquaintance in the country, with minimal diligence consisting inter alia, correspondence with the central public authorities, subscribing to the Official Gazette, checking the major legislative events in the country on the internet (a generalized information tool) discover the existence of the aforementioned law, a normative act which, moreover, has prompted numerous and lengthy public debates with international echoes both before and after adoption. On the contrary, the lack of domicile, residence or acquaintances in the country is a fact that should have increased the vigilance of the appellant in this direction as a former Romanian citizen… Also, the High Court of Cassation and Justice, in Decision no. 3923/22.06.2010, ruled that: the fact that the applicants emigrated from Romania in 1988, respectively, in 1992, cannot be considered above their will in finding that the notification had to be filed, under the penalty of forfeiture, within a certain term imposed by law. 21 Law 10/2001 on the legal regime of some real properties abusively taken over from 6 March 1945 to 22 December 1989, re-published with the Official Gazette no. 798/2005. 22 As already mentioned at Footnote #18 this does not include claims filed for the 18 plots that already have private ownership. 23 Extension with 3 months by Government Emergency Ordinance no. 109/2001 and extension with 3 more months by Government Emergency Ordinance no. 145/2001. 38 99. In case of claims submitted for properties within Esplanada site, the Notifications should have been resolved by the Bucharest Municipality and/ or MDPWA as Competent Institutions. According to art. 32 align. 1 of Law 10/2001, the Municipality is the Competent Institution to resolve any Notifications related to demolished buildings. According to art. 27 align. 1 of the Methodological Norms for application of Law 10/2001, MDPWA is the Competent Institution to resolve Notifications related to land. 100. The Competent Institution should have resolved any Notification within 60 days from the Notification registration date or from the date of filing all documents regarding a Notification. However, this term was not adhered to, due to a very high number of Notifications. The efficiency of the Competent Institutions was disputed in front of the European Court of Human Rights who found lack of efficiency of the restitution system and issued the Pilot-Decision dated October 12, 2010 in the case Maria Atanasiu v. Romania, granting the Romanian State an 18-month term to remedy the issue according to the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. This term was subsequently extended until May 12, 2013. 101. In 2013 the Romanian Parliament adopted Law 165/2013 for the completion of the process of restitution of real properties abusively taken over during the communist regime. According to this Law, the Competent Institutions had the obligation to settle all Notifications (including the Notifications that concern Esplanada) within maximum 36 months24 from January 1, 2014, namely until January 1, 2017. Also, by this normative act, the Romanian State has decided that the Notifications submitted by persons certified by entities designated by the Romanian State or by other Member States of the European Union as Holocaust survivors, alive on the publishing date of the Law (May 17, 2013), should be analyzed first. 102. Pursuant to the provisions of art. 33 align. 4 of Law 165/2013, the Competent Institution analyses Notifications in chronological order, except those Notifications submitted by persons certified by the competent bodies as Holocaust survivors which are resolved with priority. 103. This deadline again was not met, as there are still unsettled Notifications in Bucharest. The data available on the Bucharest Municipality website25 regarding the Notifications filed based on Law 10/2001, shows that out of 42,582 valid dossiers, 21,876 are still unresolved. Among these, there are 103 Notifications for properties (land and/ or former buildings) within Esplanada site that wait for resolution. 104. The bottlenecks related to the claims that still await resolution, as per the communication received from the Bucharest City Hall responsible with solving notifications are the following: a) very large volume of notifications compared to qualified staff, b) some files do not have complete documentation and in this regard a vast and time consuming correspondence is conducted with the respective claimants in order to provide the necessary legalized documentation, c) notifications must be resolved in chronological order, with three exceptions: (i) administrative files containing final court decisions by which the Town Hall was obliged to solve the respective notifications, (ii) administrative files that have been previously resolved by issuing a mayor's order requiring amendment/completion, administrative files that have been partially resolved and require resolution of the notification in its entirety, administrative files submitted under Law no. 10/2001 in the period 2008-2010, (iii) applications made by persons certified by entities designated by the Romanian State or by other Member States of the European Union as Holocaust survivors - in accordance with the provisions of Article 33, paragraph (4) of Law No. 165/2013. 105. Law 165/2013 set a time limit for Entitled Person to take legal actions in case the Competent Institution did not solve the Notification until the deadline provided by the Law (in this case, January 1, 2017). The time limit was 6 months, so related to the Esplanada, any lawsuits should have been filed by July 1, 2017. Legal actions could not be taken by the Entitled Persons against 24 The term was 36 months for Competent Institutions with more than 5,000 unresolved Notifications, 24 months for those with 2,500 – 5,000 unresolved Notifications and 12 months for those with less than 2,500 unresolved Notifications. 25 Accessed on June 18, 2019. 39 the Competent Institutions prior to the deadline set out by the Law 165/2013, which is January 1, 2017. On March 16, 2015, the High Court of Cassation and Justice issued the Decision no. 5 which rejected as premature a lawsuit against the Competent Institution’s lack of settlement of the Notification if filed after the enactment of the Law 165/2013 (May 20, 2013) but prior to the Notification settlement deadline, January 1, 2017. There is no information related to the number of persons that have filed lawsuits related to Esplanada according to the Law 165/2013 by July 1, 2017. 106. The system of protection of fundamental rights and freedoms established by the European Convention on Human Rights is based on the principle of subsidiarity should intervene only where States have failed in their obligations, in this case to resolve Notifications within the time stipulated by the Law. Any person or persons directly or indirectly affected by the alleged violation of late action may request his case to be admitted with the European Court of Human Rights seated in Strasbourg, France. 107. For Entitled Persons who did not file Notifications prior to the legally designated deadline of February 2002, the following legal remedies would be available: a. To file legal actions in court, in accordance with the provisions of the Civil Code. Such legal actions are admissible only if the respective person proves there is an inconsistency between the special Law 10/2001 and the European Convention on Human Rights, as per the Decision no. 33/09.06.2008 rendered by the High Court of Cassation and Justice regarding the examination of the appeal in the interest of the law, subject to the admissibility of the revendication actions related to real estate abusively taken over from March 6, 1945 to December 22, 1989, formulated after the entry into force of Law no. 10/2001; or b. To file a Notification with the Competent Institution and a legal action to the court to prove the causes for the missing of the deadline for the submission of Notification and to ask the court to consider his Notification (submitted after the expiration of the legal term) as filed in due time. However, it is unlikely that anyone will be able to justify the passivity over a period of 17 years from 2002 to 2019; or c. To file a claim for compensation directly under the expropriation procedure. Such claim should be submitted to the special commission for verification of the ownership right which is set up under the expropriation procedure as per the provisions of art. 18 of the Expropriation Law no. 255/2010. If the claim is rejected by this special commission, the commission’s decision can be contested in court by the respective Entitled Person. If the court upholds the ownership of such Entitled Person, the land in dispute will be expropriated and the Entitled Person will be compensated. 40 4. THE WORLD BANK STANDARDS ON LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT (ESS5) 109. All WB financed projects involving Land Acquisition, Restrictions on Land Use and Involuntary Resettlement involuntary resettlement are subject to ESS5. The applicability of ESS5 is established during the environmental and social assessment described in ESS1. 110. The policy describes the procedures and instruments for mitigating negative economic and social issues that may arise. ESS5 is relevant in all cases when land acquisition or restrictions on land use that may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. 111. The overall objectives of ESS5 are the following: • To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • To avoid forced eviction. • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. 112. To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 4.1 Gap analysis between relevant national legislation and World Bank ESS5 113. Table 3 below provides an overview of specific gaps between the national expropriation law vis-à-vis ESS5 and the recommendations for remedy and/or mitigation in order to comply with the ESS5 requirements. However, only gaps relevant for impacts or situation that influence involuntary resettlement impacts for the Justice District are presented. 41 Table 3: Gap analysis between the national legislation and the ESS5 requirements Analyzed aspect Provision of Romanian Law ESS5 requirement and good Gaps and measures for bridging the gaps international resettlement standards 1 Resettlement The national legislation does not Resettlement Plan is prepared This site-specific RAP is developed per ESS5, in instruments require the development of a RAP. proportionate to the risks and impacts addition to national legal requirements. The legal framework defines the associated with the Sub-project. principles and actions that need to be Where the likely nature or magnitude followed in order to obtain the land of the land acquisition or restrictions use rights and implement the on land use is unknown, RPF is compensation measures. prepared. Census and socioeconomic survey must be conducted to identify PAPs, their demographic and socioeconomic characteristics, inventory of assets affected, magnitude of losses and extent of displacement, information on vulnerable groups or persons and additional studies the Bank may deem relevant. 2 Avoidance and There are no specific requirements to Involuntary resettlement should be Several options have been explored to site the project minimization of minimize involuntary resettlement. avoided where feasible, or minimized, back in 2013. Three alternative locations were involuntary exploring all viable alternative project considered and the Esplanada was considered resettlement designs. technically, economically and otherwise most The borrower will consider feasible feasible. alternative project designs to avoid or at least minimize displacement. 3 Cut-off Date for The national legislation does not Normally, the cut-off date is the date The cut-off date for purposes of eligibility is the date eligibility require a cut-off date. the census begins. The cut-off date of announcement 7 July, 2021. could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous 42 Analyzed aspect Provision of Romanian Law ESS5 requirement and good Gaps and measures for bridging the gaps international resettlement standards dissemination subsequent to the delineation to prevent further population influx. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. 4 Vulnerable groups There are no provisions under Particular attention must be paid to the The information available does not indicate that Romanian law. needs of vulnerable groups among vulnerable groups will be affected by the land those displaced, especially those acquisition. below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities. 5 Eligibility for benefits Only persons with formal titles are Besides formal owners, ESS5 also There are no users without recognizable legal right or eligible to receive compensation and recognizes those who have no claim benefits. recognizable legal right or claim to the land they are occupying on Cut-off- Date as eligible for relocation and rehabilitation assistance and compensation for loss of non-land assets at replacement value. 6 Types of Cash compensations only. Payment of cash compensation for lost Cash compensation is appropriate in this project, as compensations assets may be appropriate where: livelihoods are not land-based and the land is unused. livelihoods are land-based but the land taken for the project is a small fraction of the affected asset and the residual is economically viable; active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or livelihoods are not land-based. 43 Analyzed aspect Provision of Romanian Law ESS5 requirement and good Gaps and measures for bridging the gaps international resettlement standards 7 Valuation methodology Valuation process is market based and Compensation should be equal to full Valuation at full replacement cost as provided in the for compensation for provides generic values at the level of replacement cost without depreciation. entitlement matrix of this RAP. property each Administrative Unit. 8 Communication and Information on land acquisition Appropriate disclosure of information The Project will use the Stakeholder Engagement Plan consultations procedure is displayed at the and consultation about project impacts (to be prepared and applicable to the Project and headquarters of public authorities and and displacement with all affected subsequently separately prepared for the Justice on expropriator website. persons. District) to reach out to owners and other Project Notifications are sent to properties stakeholders to provide relevant information. owners. Disclosure and engagement with PAPS will be in line with the requirements of the RAP and will be through a formal well documented process. 9 Grievance mechanism Affected people (those with formal The Borrower will ensure that a The PIU shall establish a Project Grievance rights) can contest the level of grievance mechanism for the project is Mechanism as described in chapter 8 scaled to the compensations to the competent court. in place, in accordance with ESS10 as risks and adverse impacts early as possible in project development to address specific concerns about compensation, relocation or livelihood restoration measures raised by displaced persons (or others) in a timely fashion. 10 Payment of taxes for The land transfer under Law 255/2010 Compensation should be inclusive of There are no taxes or fees for land transfer under the registration and notary is exempt from taxes and fees taxes for registration and notary fee expropriation procedure. fee for land transfer (according to article 27). for land transfer. 11 Taking of land Under the national legislation, the Taking possession of assets only after Taking of land occurs only after the compensations transfer of ownership occurs before full payment of compensation is a are set aside in an escrow or similar account under the payment of compensation, but after rule. In certain cases there may be name of and at the disposal of the PAPs, including the funds are made available and at significant difficulties related to the those whose Notifications are currently outstanding. the disposal of the PAP. payment of compensation to particular Notification has to be resolved and followed by the If the amount is disputed, the PAP can affected persons, for example, where restitution of land ownership as an in-kind take the offered amount and continue repeated efforts to contact absentee compensation, and compensation will subsequently be the case in court in the endeavor to owners have failed, where project- paid at the then current value as evaluated based on achieve a higher compensation. If s/he affected persons have rejected 44 Analyzed aspect Provision of Romanian Law ESS5 requirement and good Gaps and measures for bridging the gaps international resettlement standards succeeds, the balance between the two compensation that has been offered to the principle provided in Chapter 6.3. Valuation amounts shall be paid by the them in accordance with the approved Methodology. expropriator. plan, or where competing claims to the ownership of lands or assets are If the compensation is disputed, the PAP can take, at subject to lengthy legal proceedings, his/ her request, the undisputed amount and continue Borrower may be allowed to take the case in court in the endeavor to achieve a higher possession of the property but only compensation. In (unlikely) case the PAP does not with prior consent of the WB and after request to receive the offered amount, it can remain in showing adequate funds has been the escrow account until a final court decision is placed in the escrow account. issued (when the compensation established by the court is paid). The offered amount that remains in the escrow account will be updated according to the evolution of the price indices. The costs of public investments projects, that include the costs for land acquisition, are updated according to the evolution of the price indices, in accordance with art. 43, align. 2 of Law 500/2002 on public finances. 45 5. AFFECTED PERSONS AND PROJECT IMPACTS 5.1 Overview of the Project impacts 114. The Resettlement Action Plan covers impacts related to the land acquisition directly attributable to the Project. Social impacts that are directly attributable to the Project but do not result from land acquisition and do not fall under the scope of ESS5, such as community health and safety, nuisance during construction and similar, will be addressed in the site specific Environmental and Social Management Plan. 115. As the land needed for the Project is not used, and hasn’t been used for years now, thus not generating income, the methodology of the RAP did not include socioeconomic studies through household surveys. 116. The inventory of land and persons affected was established based on information and evidence on historical land take and the restitution, the public Land Book, the Ministry of Development Public Works and Administration and from the Bucharest Municipality. 117. Based on administrative data, two categories of affected persons to which the provisions of this RAP and ESS5 apply and are eligible to receive compensation, have been differentiated: a. Project Affected Persons with formal legal right to land. This category includes: i) owners with registered titles on the Land Book and ii) owners with no registered titles on the Land Book. b. Project Affected Persons with claims to land. This category includes persons with unresolved Notifications or pending judicial procedures, subject to restitution in kind within the Project area. 118. In addition to these two categories of Project Affected Persons, there is a third group of people who may have concerns about the Project. It includes persons who did not file Notifications prior to the legally designated deadline by law but who may elect to do so during preparation or implementation of the Project by using the national processes and procedures that apply to such persons. 119. It is to be mentioned that there are no informal users or occupiers on the land today nor had been such users before the cut-off date. 5.2Project Affected Persons with formal legal right to land26 120. The first category of Project Affected Persons is represented by individuals/ entities that privately own land within the Project area, which consists of the following three groups: • Natural persons • Legal persons • The Bucharest Municipality. 121. There are 18 plots (10,690.24 sqm) owned by natural persons (14), legal persons (4) and the Bucharest Municipality (5) that will be subject to expropriation. The Project will also affect an area that is in the private domain of the Romanian State and administrated by MDPWA (about 43,000 sqm). The administration right over the State-owned area afferent to the Project can be transferred to MoJ within 15 days as from the approval of the technical – economic indicators within expropriation procedure.27 26 The data provided in this section is the one available at the moment of the RAP elaboration and may change all throughout Project preparation and implementation. 27 As per art. 28 align. 3 of Law 255/2010. 46 Table 4: Overview of affected land plots by type of ownership and area Ownership/ co- Number of land Number of Area (sqm) ownership plots affected by owners land acquisition Private - natural person 9 14 5,742.74 Private - legal person 4 4 2,345.00 Private - local authority 5 1 2,602.50 State 1 1 42,824.76 Total 19 20 53,515.00 Source: The Land Book, the Bucharest Municipality and MDPWA. 122. The expropriation will affect 14 natural persons that own land within the Project area. The distribution by gender shows that are half of them are women and half men. Table 5: Overview of natural persons affected by expropriation Owner personal Number of owners Percentage (%) persons (including co- owners) Women 6 43 Men 8 57 Total 14 100 Source: The Land Book and the Bucharest Municipality. 122. Out of the 18 plots owned by natural persons (14), legal persons (4) and the Bucharest Municipality (5) and subject to expropriation, 18 are registered with the Land Book. Table 6: Inventory of land within the Project area subject of expropriation No. Land Type of owner(s) No. of (co) Area based on Area based on registration owners official land actual number ownership measurement document (sqm) (sqm) 1 202025 Bucharest 1 359.33 359.28 Municipality 2 204222 Natural person 1 157.00 157.13 3 204673 Legal person 1 476.00 509.00 4 222912 Natural person 3 1058.00 1058.00 5 203033 Bucharest 1 335.00 335.00 Municipality 6 210107 Natural person 2 347.00 348.00 7 225197 Natural person 2 2175.00 2175.00 8 204113 Natural person 1 362.00 362.00 9 203229 Natural person 1 164.00 164.00 10 204175 Natural person 2 298.00 298.00 11 208317 Bucharest 1 433.00 432.94 Municipality 47 No. Land Type of owner(s) No. of (co) Area based on Area based on registration owners official land actual number ownership measurement document (sqm) (sqm) 12 208732 Natural person 1 547.00 547.00 13 207546 Bucharest 1 531.00 531.23 Municipality 14 227039 Legal person 1 569.00 569.00 15 205049 Bucharest 1 944.00 944.00 Municipality 16 205375 Legal person 1 850.00 847.23 17 225487 Natural person 1 216.00 216.00 18 204730 Legal person 1 450.00 420.17 Total area (sqm) 10,271.33 10,272.98 Source: The Land Book and the Bucharest Municipality. 124. As shown in Table 6, there are discrepancies28 between measured area and the surface deducted from ownership documents for four properties – for two, the area on the ownership document is larger than the area based on measurements and for two, the area measured is larger. The biggest discrepancy is for the plot no. 204673, with 33 sqm more after the measurements than the ownership document. The situations of discrepancies between measurements and ownership documents will be analyzed case by case by the Commission appointed during the expropriation process. If an agreement is not reached between the Commission and owners, the disputes can be subject to judicial proceedings. 125. As shown in Figure 5 below, two plots (no. 7 and no. 8) exceed the area designated for the Justice District. These plots are partially located on the half of Esplanada designated to the Bucharest Municipality. At this moment, it is not known the share of these plots that fall within the Project area, as no measurements have yet been done for the exact delineation of the Project area. Also, it may be the case of other plots of land, like the ones not registered with the Land Book or other plots that could be restituted in kind within Esplanada (after resolving pending Notifications or after pending/ future legal proceedings). These remaining parcels of land will be acquired by the Bucharest Municipality for the projects29 that will be developed on the eastern side of Esplanada. 28 Such discrepancies between the measured area and the surface deducted from ownership documents often occur and usually are caused either by measurement issues (e.g., successive measurements at long intervals, with different level of accuracy) or errors within ownership documents. The most recent cadastral measurements were conducted in 2015 by the Romanian State through MDRAP. 29 At this moment, there is no information about a timeframe for the projects to be developed by the Bucharest Municipality. 48 Figure 6: Distribution of plots affected by the expropriation within the Project area Source: Geoportal of the National Agency for Cadastre and Real Estate Advertising. Note: It does not include the two plots not registered with the Land Book. 5.3 Project Affected Persons with claims to land30 126. The second category of PAPs is represented by persons without formal legal rights to land but have claims to land within the Project area. This category includes persons with unresolved Notifications based on Law 10/2001 and/ or pending judicial procedures. 127. There are about 51 people with 40 unresolved Notifications approx. 10,000 sqm of areas scattered around in the MDPWA - administered portion of the Project area. Their Notifications have first to be settled through restitution in kind within the Project area in order to be compensated in line with this RAP. 128. Currently, information on the number of pending judicial procedures, initiated with respect to any aspect of the restitution of land within the Project area, is not available. 129. Per Law 10/2001, Notifications should have been resolved by the Bucharest Municipality and/or MDPWA as Competent Institutions. According to art. 32 align. 1 of Law 10/2001, the Municipality is the Competent Institution to resolve any Notifications related to demolished buildings. According to art. 27 align. 1 of the Methodological Norms for application of Law 10/2001, MDPWA is the Competent Institution to resolve any Notifications related to land. In case a Notification is related to both land and demolished buildings, the Municipality should solve the portion of the Notification related to demolished buildings and MDPWA should solve the portion of the Notification regarding land. 130. In the context of the Justice District project, the Notifications can be resolved within the following time periods: a. Before the starting date of the expropriation procedure based on Law 255/2010. In this case, the Bucharest Municipality should resolve the Notifications/ part of the Notifications regarding the demolished building and MDPWA should solve the Notifications/ part of the Notifications regarding the land. 30The data provided in this section is the one available at the moment of the RAP elaboration and may change all throughout Project preparation and implementation. 49 b. After the starting date of the expropriation procedure based on Law 255/2010. Notifications can be resolved by Competent Institutions (Bucharest Municipality and/ or MDPWA) as mentioned above. In addition, there is another option. The administration right over the part of MDPWA site afferent to Justice District can be transferred to MoJ within 15 days as from the approval of the technical – economic indicators within expropriation procedure as per art. 28 align. 3 of Law 255/2010. Thus, MoJ as administrator of the land may become competent authority to resolve the Notifications afferent to the land plots part of Project area. In this scenario, these Notifications could be resolved by MoJ, but only for the portion of the MDPWA-administered land within the area designated for the Project. 131. The Competent Institutions can resolve the Notifications by: 132. offering restitution in kind of the land to the Entitled Persons on the initial location (respectively on the Project site): • If the land is received in kind, although unlikely (directly through Competent institution administrative decision or through Court decision after successful challenge of initial rejection decision), the claimant can register his ownership right in the land book. Thus, the plot is subject to expropriation in accordance with the Law 255/2010 becoming part of Category 1 of this RAP; 133. offering compensation. • If for the land compensations are proposed, the Competent institution, sends the administrative decisions with proposal for compensation, together with the entire support documentation, to the National Commission for Real Estate Compensation, under the subordination of Prime Minister’s Office. This Commission evaluates the amount of compensation and issues the compensation decision. The system of evaluation is based as well on the notary grid market value, similar with the one for expropriation. 134. rejecting the Notification. • If the claim is rejected, the rejection decision can be challenged in court. If the challenge is successful, the Competent institution will act according to court decision. 5.4 Persons with potential future claims to land 135. In addition to these two categories of Project Affected Persons, there is another group of people who may have concerns about the Project, the third category. It includes persons who did not file Notifications prior to the legally designated deadline by law but who may elect to do so during preparation or implementation of the Project. Given the sensitivity of such historical land acquisition to this project, this Resettlement Action Plan describes the existing national processes and procedures that will apply to such persons. 136. Law 10/2001 specified that Notifications must be have been filed by February 2002. The Constitutional Court31 and the European Court of Human Rights32 confirmed that the Romanian State may set a time limit for filing Notifications. Under such circumstances, it would be very difficult for the persons who did not act within the legal time limits to recover their properties or to be compensated. 137. However, for persons who did not file Notifications prior to the legally designated deadline of February 2002, the following legal remedies are available: 31 Decision no. 226/2019. 32 Decision of the European Court of Human Rights in the case Maria Atanasiu et al.v. Romania dated October 12, 2010. 50 • To file legal actions in court, in accordance with the provisions of the Civil Code. Such legal actions are admissible only if the respective person proves there is an inconsistency between the special Law 10/2001 and the European Convention on Human Rights, as per the Decision no. 33/09.06.2008 of the High Court of Cassation and Justice regarding the examination of the appeal in the interest of the law, subject to the admissibility of the revendication actions related to real estate abusively taken over from March 6, 1945 to December 22, 1989, formulated after the entry into force of Law no. 10/2001. • To file a Notification with the Competent Institution and a legal action to the court to accept Notification (submitted after the expiration of the legal term) now. This is a viable option only if one can justify why s/he has remained inactive over a period of 21 years since when the deadline passed in 2002. • To file a claim for compensation directly under the expropriation procedure. Such a claim should be submitted to the Commission for verification of the ownership right which is set up under the expropriation law. If the claim is rejected by the Commission, the Commission’s decision can be contested in court. If the court upholds the ownership of such Entitled Person, the land in dispute will be expropriated and the Entitled Person will be compensated. 6. COMPENSATION PRINCIPLES APPLICABLE TO IMPACTS 6.1 Cut-off date 138. The Project Implementation Unit (PIU) issued a notice to announce the cut-off date on July, 7, 2021. The PIU provided effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. Although the Project area is not used for years, a notice was issued to counter spurious claims from those moving into the area solely in anticipation of benefits once the RAP is disclosed to the public. 139. All persons encroaching to the Project area beyond the cut-off date will not be eligible to claim or receive compensation for investments made with opportunistic intentions. 140. The Announcement of the cut-off date and documentary evidences available in Annex 3. 6.2 Eligibility criteria and Entitlement Matrix 141. The unit of entitlement is any individual/entity eligible to receive compensation. Determination of unit of entitlement is in lieu with developing an inventory of all persons and assets impacted by the Project to allow full compensation in line with the Entitlement Matrix. 142. All persons, or categories thereof, identified prior to the cut-off date, shall be entitled to compensation, according to the Entitlement Matrix provided below. All persons that are able to resolve favorably their notification claims over the land, administratively or in court, after the cut- off date, continue to remain eligible for their respective entitlements under this RAP. 51 Table 7: Entitlement Matrix Affected Type of impact Persons eligible Entitlement Categories Land in urban area Permanent loss of Project Affected Persons with formal legal right to land. Cash compensation based on the market value of land of equal land size, use and located in the vicinity of the affected land. The This category includes: amount of compensation shall be determined by valuation of an i) owners with registered titles on the Land Book and ii) owners independent evaluator, member of the ANEVAR, based on the with no registered titles on the Land Book. Notary Grid (see Section 6.3 for details). Project Affected Persons with claims to land. This category The second category of PAPs will be compensated after their includes persons with unresolved Notifications or pending pending Notifications/ judicial procedures are settled by judicial procedures, subject to restitution in kind within the restitution in kind within the Project area. If notifications remain Project area. unsolved when the expropriation decision is issued, they can be resolved, as the case may be, by a dedicated commission under MoJ to be set up after the administration right to resolve notifications is transferred from the Ministry of Development Public Works and Administration to the MoJ. For both categories of PAP, the amount of compensation shall be based on the market value of the affected land at the time of ownership transfer, determined by an independent evaluator, member of the ANEVAR, based on the Notary Grid , following the principles and procedures provided below in Chapter 6.3. Valuation Methodology. Land in urban area Temporary loss of Owners of land adjacent to the Project area. In a very unlikely event that temporary land access for land construction related purposes is required (for parking of equipment, temporary depositing of material etc.), the Contractor will be required to enter into lease agreements with the owners for the duration of construction. The land will be reinstated at the end of construction to its previous state, at a minimum pre-construction conditions and, where possible, to improved conditions during reinstatement. 52 6.3 Valuation methodology 145. The official information for the land plots of all the (18 known owners - PAPs) was officially extracted from the Land Book Register (July 2023). 146. The methodology for land financial evaluation was chosen by an independent real estate assessor/evaluator Expert authorized by ANEVAR (National Association of Romanian Authorized Evaluators) and contracted by PIU form PPA/WB funds during project preparation. It was a combined method of several evaluation standards mentioned in the evaluation report (listed below) and the principles of national expropriation law 255/2010 which at its turn refers to the notary grid prices of land. In Romania, the notaries are the ones who officially mediate any land transactions; thus, notaries are aware of the market value/real prices of land in any place in the country. On a yearly basis, the notary grid is updated, depending on the evolution of land prices in that specific year. Finally, according to the evaluation report, the real market value was also based on: i) - the analysis of the type of property: vacant plot within the built-up area; ii) - income potential: high; iii) - location: all utilities and paved street and iv) - use: office building. As concerns the market specific to the valued plot in the analyzed areas, the level of acceptance, according to information from public sources, is generally between 626 euro/m2 and 1200 euro/m2 for plots within built-up areas. According to the evaluation report and in line with the notary grid, the prices set were between 701 Euro/m2 and 936 Euros/m2. Standards: • SEV 100 – General framework • SEV 101 – Terms of reference for valuation • SEV 102 – Implementation • SEV 103 – Reporting • SEV 230 – Rights over the real estate • GEV 630 – Real estate valuation • Law 255/2010 on expropriation on the grounds of public interest, necessary for national, county and local objectives 147. Compensation for land plots takes into account their market values. The amount of compensation shall be determined by valuation of an independent evaluator, member of the National Association of Authorized Romanian Valuers, based on the Notary Grid.The Notary Grids are established based on market studies conducted by private entities which are appointed by the chambers of the notaries public.33 According to the Methodological Norms for the Application of the Fiscal Code, such a study is based on information from the real estate market regarding the supply and demand and the real estate market values. The study must contain information on the minimum values recorded on the real estate market in the previous year, taking into consideration the type of real estate, the category/ rank of the locality, respectively the areas within the locality. The Fiscal Code stipulates that the chambers of the notaries public have to be updated at least once a year the market studies that contain information on the minimum values recorded on the real estate markets. 148. The compensations amount for the expropriated plots within the Project area will be determined by an independent evaluator and based on the Notary Grid for lands in Bucharest, applicable at the time when the transfer of ownership occurs. Importantly, those whose pending Notifications at the Project site are to be settled during Project life will receive compensations based on the same principles and procedures (see the Entitlement Matrix above), provided that ownership in kind is 33The chambers of the notaries public are professional organizations and legal entities. There is one chamber in the territorial jurisdiction of each court of appeal. The notaries are professionals who perform acts of public authority and, in the same time, have an autonomous status. 53 first confirmed. The methodology used for the market study of lands in Bucharest (according to the Notary Grid for lands in Bucharest applicable in 2021) uses data and information from publicly available sources. The study is based on an analysis of the transactions carried out in previous years, existing offers and anticipated future evolution. The data used for the analysis comes from specialized websites, information published by the National Institute of Statistics, market studies conducted by specialized companies, information and statistics published by ANEVAR. 149. If the compensation level is disputed, the PAP can take the offered amount and continue the case in court in the endeavor to achieve a higher compensation. In such case, the court appoint a valuation committee, consisting of 3 experts - one appointed by the expropriator, one appointed by the PAP and one appointed by the court. The appointed experts, when preparing the valuation report, as well as the court, have to take into account the expert opinions drafted and updated by the chambers of the notaries public, at the time the transfer of ownership occurs. The compensation granted by the court may not be lower than the amount offered by the expropriator nor higher than the amount sought by the PAP. 6.4 Access to site and commencement of works 150. According to Law 255/2010 (art. 16), the owners have to allow access to the site before the commencement of the expropriation procedure, for the preparation of the expropriation process and documentation (such as feasibility study, valuation, cadastral documentation). The access is allowed after the expropriator displays a prior announcement at the headquarters of the local council/ General Council of the Municipality of Bucharest. The notification will include at least the location of the works and the dates in which the access for the needed activities will be allowed. 151. Construction works should commence in principle after this RAP has been disclosed, land acquisition process completed, and payment of compensations executed. Construction works can commence before the PAPs actually receive compensations, once the compensations are set aside in an escrow or similar account at the disposal of the PAPs, in following cases: • owners that are not present within the set term, owners that do not present valid ownership titles, unopened successions or unknown successors. These people may fall under categories 2 or 3 of PAPs under this RAP; • dispute over the compensation, if the PAP does not request to receive the offered amount. 152. In the very unlikely event that temporary land access for construction related purposes is required (such as parking of equipment, temporary depositing of material etc) MoJ will ensure (through adequate provisions in the Contract for Construction works) the following activities are in place: • ensure the Contractor enters into lease agreements with the owners for the duration of construction; • the land will be reinstated at the end of construction to its previous state, at a minimum pre- construction condition. 153. The PIU will carry out an exit inspection with the landowner to ensure that the land has been left in a suitable state whereby all previous activities may be resumed on the land. If the inspection deems that reinstatement is satisfactory, then a Land exit agreement will be signed by the Contractor representatives and the landowner. This agreement will confirm that the landowner is satisfied with the quality of reinstatement. Any claim arising from potentially unsatisfactory reinstatement, should be managed through the contractual provisions and, if the case may be, through the grievance mechanism. PIU will monitor such process. Figure 7: Temporary land access - Exit and Handover procedure 54 Pre- Access Parcel Land Entry protocol construction management Verification of Land Land Exit and Monitoring review access during handover restoration agreement Rehabilitation management construciton Independent evaluator Contractor Integrated PIU and Construction Team 7. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION TEAM 7.1 Responsibility for implementation of Project, including the RAP 154. The overall responsibility for the Project implementation, including compliance with this RAP, lies with the Project Implementation Unit hosted by the Ministry of Justice. The PIU is part of the Department for Implementation of Externally Funded Projects. Figure 7 provides the schematic overview of the PIU and how it is positioned within the larger scheme of the MoJ. 155. The PIU will coordinate and monitor the overall implementation of the Project, cooperate with third parties and external stakeholders such as the Contractor to be elected for construction works and other organizations and parties involved in the process of expropriation, especially with the representatives of the Commission responsible for expropriation. The PIU will ensure that the financial resources are disbursed, expended, accounted and audited, while the responsibility of the annual budgetary allocation rests with the Ministry of Public Finance, Government and the Parliament. 156. The PIU has consistent experience in implementation of Bank funded projects and has built a positive track record in safeguards monitoring and compliance throughout the implementation of Judicial Reform Project (between December 2006 and March 2017). 157. Currently, the PIU coordinates the implementation of Justice Service Improvement Project (IBRD LOAN No. 8695-RO) and Preparation of Proposed Justice District Development Project and its staff is tailored in line with the scope and objectives of this IBRD project. The PIU has a total number of 28 positions, out of which only 13 are filled.34 Also, the PIU has contracted 2 external Consultants for the Justice Service Improvement Project (Resettlement Specialist and Environmental and Social Specialist) that are involved in the Justice District Project preparation. 158. For the preparation and implementation of the Justice District Project, the PIU estimated (in 2018) a need for filling of the vacant ones. For the RAP implementation only, at least 2 dedicated persons are needed, including the Stakeholder Engagement Specialist (part of the PIU) and Resettlement Specialist (external Consultant). The Stakeholder Engagement Specialist will support the implementation and monitor and evaluate the RAP implementation including public consultation to be held on draft RAP. The monitoring and evaluation of implementation shall be in line with the arrangements and requirements as set forth in this RAP. The Specialist will also be responsible for preparation of the Completion Report. 341 Project Manager, 1 Deputy Project Manager, 1 Technical Manager, 1 IT Manager, 1 Financial Manager, 1 Procurement Manager, 2 Technical Specialists, 1 Stakeholder Engagement Specialist, 1 IT Specialist, 1 Legal Advisor, 1 Financial Specialist, 1 Driver. 55 Figure 8: Organizational structure of the Ministry of Justice 56 Source: Based on the Ministry of Justice website. 7.2 Responsibility for resolving claims regarding the historic land take 159. After 1989, the Romanian State adopted a series of normative acts in order to remedy the harms caused by the abusive nationalizations and expropriations during the communist regime. In the case of Esplanada site, the Law 10/2001 enabled persons affected by abusive nationalization/ expropriation procedures (or their heirs) to file Notifications with designated Competent Institutions to achieve restitution of their nationalized property in kind or in the form of equivalent compensation. Although the Competent Institutions had the obligation to settle all Notifications by January 1, 2017,35 the MDPWA-administered portion of the Project area is still partly affected by unresolved restitution claims. 160. The Competent Institutions to resolve the claims submitted for properties within the Project area are the Bucharest Municipality and/ or MDPWA. In principle, the Municipality is the Competent Institution to resolve Notifications related to demolished buildings,36 while the MDPWA is the Competent Institution to resolve Notifications related to land.37 In case of Notifications related to both land and demolished buildings, the Municipality should solve the portion of the Notification related to demolished buildings and MDPWA should solve the portion 35 According to the provisions of Law 165/2013. 36 According to art. 32 align. 1 of Law 10/2001. 37 According to art. 27 align. 1 of the Methodological Norms for application of Law 10/2001. 57 of the Notification regarding land. However, both institutions solve notifications regarding the land. If, during the expropriation procedures, the administration right over the part of MDPWA site afferent to Justice District is transferred to MoJ,38 MoJ will become the Competent Institution to resolve the Notifications afferent to the Project area, grounded by the current form of Article 28, line 3 of Law 255/2010. 161. Irrespective of the period when the pending Notifications are resolved – before or after the expropriation procedures begin, the RAP implementation will be affected by the solutions39 given by the Competent Institutions only in case the claims to land will be settled by restitution in kind within the Project area. 7.3 Responsibility for land acquisition 162. The land acquisition for the Project will be handled by the expropriator i.e. the Romanian State, represented by the Ministry of Justice who will be responsible for ensuring that the expropriation stages and procedures are implemented according to the Law. 163. The expropriation procedures imply the involvement of external stakeholders. The expropriator appoints an expert in real estate valuation, member of ANEVAR, to carry out the valuation of the expropriated properties. Also, the expropriator appoints the Commission for the verification of the ownership right or other real rights over the expropriated properties (the Commission). The Commission is not a legal entity, all the roles, functions and responsibilities are assigned by the relevant provisions of the Law. The Commission has five members: i) the mayor or the deputy mayor; ii) one representative of the institution of the prefect; iii) one representative of the Land Book; iv) two representatives of the expropriator, with legal qualification. The local council provides the secretary of the Commission that receives/ records/ archives the requests for compensation and the proving documents. In relation with the affected persons, the Law provides specific requirements for the expropriator for public disclosure of information and for informing the expropriated owners. 7.4 Judicial procedures 164. During implementation of the RAP, PAPs may seek remedy of the courts regarding i) claims for land restitutions and ii) compensation amounts for expropriation. 165. The Entitled Persons who filed Notifications, based on Law 10/2001, for land restitution within the Project area could take legal actions: i) in case the Competent Institution did not solve the Notification until the deadline provided by the Law or ii) in case the solution was/ will be (for the pending Notifications) other than restitution in kind. Also, the persons who did not file Notifications prior to the legally designated deadline could take legal actions in order to claim land restitution. In cases presented above, the RAP implementation will be affected only in cases where the judicial procedures will be settled by restitution in kind within the Project area. 166. The PAPs that are dissatisfied with the compensation amount may contest the decision issued by the Commission to the competent court, within the general prescription period (3 years). The contestation of compensation amount is under the competence of the instances of common law and the participation of a prosecutor is mandatory. In order to determine the fair compensation for expropriated properties, the court will appoint a valuation committee (consisting of 3 experts – one appointed by the expropriator, one appointed by the PAP and one appointed by the court). The compensation granted by the court may not be lower than the amount offered by the expropriator nor higher than the amount sought by the PAP. If the PAP is not satisfied with the decision of the court, s/he may appeal against such decision to the higher court. 38 Within 15 days as from the approval of the technical – economic indicators within expropriation procedure as per art. 28 align. 3 of Law 255/2010. 39 The Notifications can be resolved by restitution in kind, compensation, or rejection. 58 8. MANAGING REQUESTS FOR INFORMATION, COMPLAINTS AND OTHER FEEDBACK 167. A grievance is a complaint or concern raised by an individual, group or entity to report on the adverse impact of the Project’s activities at any stage of the project cycle. Grievances may take the form of specific complaints for actual damages or injury, general concerns about project activities, incidents and impacts, or perceived impacts. 168. A Grievance Redress Mechanism is a system through which queries or clarifications about the project are responded to, problems that arise out of implementation are resolved and grievances are addressed efficiently and effectively. GRM is available here: https://www.just.ro/cartierul-pentru- justitie/grm/ 8.1 Overview: Objectives, Scope, Principles and Standards 167. To submit their complaints and other feedback, PAPs and other stakeholders can avail of the project GRM detailed in Sections 8.1 through 8.4, or other avenues as outlined in Section 8.5. 8.1.1 Objectives 168. A Central Information & Complaint Desk (CICD) was set up within the PIU to serve as a Project level information center and grievance redress mechanism that will be available throughout the Project cycle. The CICD shall be established prior to Project effectiveness but preferably before scheduling public consultations and other communication and outreach activities. 169. The CICD serves as a mechanism to: • Allow for the identification and impartial, timely and effective resolution of issues affecting the project. • Strengthen accountability to beneficiaries, including project affected people, and provide channels for project stakeholders and citizens at all levels to provide feedback and raise concerns. 170. The CICD also serves the objectives of: reducing conflicts and risks such as external interference, corruption, social exclusion or mismanagement; improving the quality of project activities and results; and serving as an important feedback and learning mechanism for project management regarding the strengths and weaknesses of project procedures and implementation processes. 8.1.2 Scope 171. Who can communicate grievances and provide feedback? The GRM will be accessible to a broad range of Project stakeholders who are likely to be affected directly or indirectly by the project. These will include PAPs, community members, Project implementers/ contractors, civil society, media – all of whom will be encouraged to refer their complaints and other feedback to the GRM. 172. What types of grievance/feedback will this GRM address? The GRM can be used to submit complaints, queries, suggestions or compliments related to the overall Project management and implementation, including: • questions or clarifications regarding the land acquisition process • questions, clarifications or concerns regarding the valuation methodology and compensation rates • mismanagement, misuse of Project funds or corrupt practices • violation of Project policies, guidelines, or procedures, including those related to health and safety of community/contract workers, noise, pollution and other disturbances during the construction of the Justice District. 59 173. GRM users can choose to identify themselves or submit their feedback anonymously. 8.1.3 Principles 174. The GRM’s functions will be based on the following principles: • Transparency. Project stakeholders will be informed about the procedures and timelines for the reporting and resolution of complaints and other feedback. • Accessibility. Project stakeholders will have a range of channels available to submit their complaints and feedback. There will be no charge for filing a grievance and utilizing this GRM will not prevent access to other judicial or administrative remedies. • Inclusiveness. Grievances will be handled in a culturally appropriate manner that is discreet, objective, sensitive and responsive to the needs and concerns of Project stakeholders. The mechanism will also allow for anonymous complaints to be raised and addressed. • Fairness & impartiality. The GRM will operate independently of all interested parties to guarantee fair, objective, and impartial treatment in each case. • Responsiveness. The GRM will take effective action upon and respond quickly to complaints to the extent possible. 8.1.4 Standards 175. The GRM will establish clearly defined timelines for acknowledgment, update and final feedback to the complainant. To enhance accountability, these timelines will be disseminated widely to Project stakeholders. The timeframe for acknowledging receipt of a complaint or query will not exceed 3 days from the time that it was originally received; and complaints and queries will be addressed and responded to within 30 days. 176. In case the feedback is anonymous, the final response and decision will be disclosed on the MoJ website, in the Project dedicated section. 177. In case there is a delay in investigating and addressing the issue, the GRM user will be provided with a status update and an indication of the timeline when the issue will be resolved, and they will receive a response. 178. If the grievance cannot be resolved by MoJ to the satisfaction of the GRM user, the GRM user can appeal and resort to formal judicial procedures, as made available under the Romanian national legal framework. 8.2 Process of the Grievance Redress Mechanism 179. The overall process for the GRM will be comprised of 6 steps: (1) uptake; (2) sorting and processing; (3) acknowledgment and follow up; (4) verification, investigation and action; (5) monitoring and evaluation; and (6) feedback (see Figure 8). 60 Figure 9: GRM Process Source: Post & Agarwal, 2011. Step 1: Uptake. Project stakeholders will have the opportunity to provide feedback and report complaints through several channels (in-person, mail, email, telephone, fax). An information and complaint form will be made available on the MoJ website for GRM users to submit their feedback via mail, fax, phone, email or in person based on the following details (see Annex 4 for a template of the information and complaint form). Mail. Ministry of Justice. Department for Implementation of External Funded Projects. To the attention of the CICD. 17 Apolodor Street, Sector 5, Bucharest. Fax: +4 037 204 1092 Phone: +4 037 105 1212 Email: cartieruldejustitie@just.ro Step 2: Sorting and Processing. To consolidate, monitor and report on information related to the Project, it is essential to document feedback upon receipt and to categorize and prioritize these inputs to manage the process effectively. Documentation. A grievance log will be maintained and will include feedback received through the Project GRM, as well as existing avenues being used by MoJ, including the Communication and Public Relation Service, the Registry or the Minister`s Cabinet. The Project’s grievance log will document the following information: • A summary description of the feedback received • The date that feedback was received • Case number assigned to the feedback • The channel through which it was received (in-person, letter, telephone etc) • Name of GRM user • Gender of GRM user • Whether the complaint/ feedback is anonymous (this would include cases in which the person providing the feedback has expressed a preference for anonymity) • The date that feedback was acknowledged • The description of actions taken (investigation, corrective measures) • Whether the issue is pending or it has been resolved • Date of resolution • Date of response to GRM user • Whether the issue was escalated to court. Categorization. The feedback received will be organized into the categories presented in the table below. 61 Table 8: Categories of Feedback Category 1 Complaints Category 2 Queries Category 3 Suggestions Category 4 Compliments Step 3: Acknowledgement and Follow-Up. If the person submitting the complaint is known, the GRM focal point will communicate the timeframe and course of action to her/him within 3 days of receipt of feedback. Step 4: Verification, Investigation & Action. Verification and investigation involve gathering information about the grievance to determine its validity and to generate a clear picture of the circumstances surrounding the issue under consideration. This process normally includes site visits, document reviews, a meeting with the GRM user (if known and willing to engage) and meetings with individuals and/ or entities who can assist with resolving the issue. For grievances related to the misuse of funds, it may also require meetings with suppliers and contractors. Potential actions include responding to a query or complaint based on the approval and signature of the PIU’s senior management, providing GRM users with a status update, or imposing sanctions. Step 5: Monitoring & Evaluation. Monitoring refers to the process of tracking grievances and assessing the extent to which progress is being made to resolve them. Ultimately, the PIU will be responsible for consolidating, monitoring and reporting on the total number of complaints and other types of feedback that has been received and resolved. Step 6: Providing Feedback. This step entails responding to the GRM users and is integral to increase users’ trust in the system. The PIU’s grievance focal point can respond by contacting the GRM user directly if s/he is not anonymous within the 30-day response time. For anonymous complaints, the response will be posted on the MoJ webpage, in the Project dedicated section. For feedback received through the Communication and Public Relation Service and the Minister`s Cabinet, the response will be relayed back through these channels within the 30-day response period. The PIU will make reports available to the World Bank team on the implementation of the Project GRM on request. In addition, data on grievances and/ or original grievance logs will be made available to the World Bank mission on request. Moreover, semi-annual updates from the CCID shall be made available on the MoJ website. These updates shall be disaggregated by gender, location, type of feedback, the number of cases received that have been addressed and number of pending feedback cases. Finally, the PIU’s GRM focal point will administer a short and simple feedback questionnaire to each of the GRM users regarding the accessibility and effectiveness of the CCID. 8.3 GRM Communication and Outreach 180. The GRM will only be utilized and will be functional if Project stakeholders are aware of its existence and are encouraged to use it. The PIU will be responsible for proactive disclosure and dissemination of information on the CCID during the Project’s life cycle. This information will be posted on the MoJ website. In addition, brochures will be distributed to affected communities in the vicinity of the Justice District construction, which will also be available on the MoJ premises and other offices, including those for Bucharest Municipality and Sectors 3 Municipality. Information on the CCID will also be posted on the construction site. 181. Communication regarding the CCID will include the following details: • How can people submit feedback? This will specify the channels available to submit grievances and feedback. • What kind of feedback can they submit? What kind of standards are in place? 62 • What is the GRM procedure? • How soon will complaints be resolved? • Can complainants appeal the final decision? How? 8.4 PIU Responsibilities 182. The PIUs Stakeholder Engagement and Safeguards Specialist shall be responsible for administering CICD and shall resume this function prior to announcement of the invitation for public consultations on this draft RAP. This will entail: • Sharing information regarding the channels for submitting complaints and feedback and the structure and standards of the CCID. • Being accessible for complainants who would prefer to submit their feedback in person or via phone. • Maintaining the privacy of complainants who wish to remain anonymous. • Acknowledging receipt of the complaint/ feedback received to non-anonymous complainants within 3 day. • Maintaining logs of the complaints and other feedback received. • Undertaking verification and investigation of the issue/ complaints with relevant entities, groups or individuals. • Escalating grievances/ issues to the PIU’s senior management as needed. • Providing regular reporting for data on complaints and other feedback. • Providing an update to the GRM user if the timeline for resolution will exceed 30 days. • Providing the final response/ feedback to the GRM user. 8.5 Other Avenues for Information and Complaints 183. Any stakeholder that believes that is adversely affected by the PIU’s activity regarding the Project preparation or implementation may submit a complaint to the Communication and Public Relation Service within the Ministry of Justice (in person or by mail: 17 Apolodor Street, Sector 5, Bucharest; by fax: +4 037 204 1188; by email: relatiipublice@just.ro). 8.6 World Bank Grievance Redress Service 184. Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank’s attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit: http://www.worldbank.org/en/projects- operations/products-and-services/grievance-redress-service 63 9. CONSULTATION AND PARTICIPATION 9.1 Disclosure and consultation requirements during preparation of draft and final RAP 185. The PIU will establish an ongoing relationship with affected persons from as early as possible in the Project planning process, and throughout the life of the Project. The engagement process will ensure meaningful forum to discuss compensation: i) a common understanding of the nature and duration of the Project’s impacts; ii) informed participation on matters that affect them directly and any right to legal remedy appeal; iii) proposed compensation measures; iv) the sharing of potential development benefits and opportunities; and v) implementation issues and timeline. 186. The draft RAP endorsed by the MoJ and the World Bank shall be disclosed in Romanian and English languages on the MoJ webpage at least 14 days prior to the date set for public consultations. Fourteen days prior to the consultation event, the consultation announcement will be advertised through newspapers used by the PIU for procurement announcements and on MoJ’s webpage. The consultation announcement will also be posted at or in the vicinity of the premises of Bucharest Municipality and Sector 3 Municipality. The tentative outline of the public consultation announcement is available in Annex 6. Moreover, hard copies of the draft RAP shall be made available on the MoJ premises in Bucharest which will be indicated in the consultation announcement. Individual invitations shall be sent, 14 days in advance, to known home/ business addresses of all PAPs from the first category 1 (persons with formal legal right to land) i.e., 18 natural persons, 2 legal persons and the Bucharest Municipality. Invitation shall be sent to MDPWA as administrator of State-owned land. 187. The organization of public consultations could consider the possibility for some participants to join through online channels (e.g., Webex, Zoom, Skype etc.). 9.2 Outcome of the public consultations 188. After the consultation, feedback provided within 14 days will be considered before finalizing the draft RAP. The finalized version of the RAP will include minutes of the consultation meeting. It will be posted on the MOJ website and will remain available to the public throughout the Project’s duration. 9.3 Public consultations for PUD approval 189. For the approval of the final PUD draft, a public consultation process was conducted based both on the methodology for informing and consulting the public regarding the development or revision of land use and urban development plans, approved by the M.D.R.T. Order. no. 2701/2010 and on the provisions of the Law no. 52/2003 regarding decision-making transparency in public administration. 190. The public consultation process conducted based on the methodology M.D.R.T. Order. no. 2701/2010 started on August 8, 2022, the announcement being published on the Bucharest Sector 3 Hall (PS3) website giving interested parties a 15 day term for issuing any suggestions and opinions. The Report on the public consultation process is presented in the Annex 7 of the RAP. 191. The consultation process conducted according with the Law no. 52/2003 provisions, having as objective of the draft Decision for the approval of the PUD was brought to the public's attention on 21.10.2022 by publishing it on the website of the public authority. The term for the submission of observations by interested persons was 10 days, after which the project was subject to approval by the Local Council of Sector 3 in the public meeting of 15.12.2022. 192. Regarding PAPs, during the public consultation process notifications were sent to all owners of plots included in the expropriation corridor (14 natural persons, 4 legal persons and 1 local 64 authority). In the notification it was mentioned that the urbanism documentation for justice Quarte PUD is under development (giving details regarding the exact location, volume of the buildings, height regime, description of building functions). Also, it was stated that based on the Government Decision no. 592/2019 MoJ was mandated by the Romanian Government to initiate necessary legal actions for conducting the design and execution fazes in order to develop the Justice District and according with Law no. 255/2010 provisions regarding expropriation, MoJ as expropriator will conduct the expropriation process. The notification also stated that the entire documentation can be consulted both at the PS3 headquarters and on the institution`s website and all observations and suggestions regarding PUD documentation could be submitted in a term of 15 days. 193. The submitted notifications can be found in Annex 8 of the RAP40. 10. IMPLEMENTATION SCHEDULE 194. The chart below provides a description of the tentative implementation process, linking resettlement implementation to civil works. 40 Before the public consultation process starts personal data should be deleted from the notifications. Due to the fact that the RAP update should be finalized in a short period of time, the notifications are in Romanian language. 65 Table 9: The tentative implementation schedule Main activities Responsibility 2023 2024 2025 2026 2027 2028 2029 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 DESIGN AND DELIVERY MANAGEMENT MoJ / Consulting Firms/ Preparation and approval of PUD Bucharest General Council x Preparation of Feasibility Study MoJ / /Consulting Firms x x x Approval Feasibility Interministerial Study Committee x STAKEHOLDER ENGAGEMENT Disclosure of draft RAP MoJ / PIU x Public Consultations MoJ / PIU x Issue and Disclosure of MoJ / PIU x x x x x x x x x x x x x x x x x x x x x x x Final RAP Constitution and availability of GRM MoJ/ PIU x x x x x x x x x x x x x x x x x x x x x x x LAND ACQUISITION PROCESS Establishment of the expropriation corridor MoJ x MoJ/ External valuation Valuation of land expert x Approval by the Government Decision Government x Commencement of Expropriation MoJ x Appointment of Commission for Verification of rights MoJ x Activity of the Commission for verification of rights Commission x x x Payment of compensation MoJ/ PIU x x x Court cases for disputed amounts Court x x x x x x x x x x x x x x x x x x x Payment of disputed amounts MoJ/ PIU x x x x x x x x x x x x x x x x 66 11. MONITORING, EVALUATION AND REPORTING 11.1 Internal monitoring 195. The PIU shall undertake internal performance and overall monitoring to enable continual oversight of the RAP process, based on the following inputs and outputs indicator to ascertain whether activities are in compliance, progress as per schedule and the timelines are being met. Table 10: Monitoring inputs and outputs Indicator/Issue Measurement Frequency Grievances Average time for RAP related Measure time interval between grievance registration Monthly review grievances to be processed and closure and time between grievance registration and first acknowledgement of receipt Number of grievances Records from Grievance management database Monthly Number of open grievances in Records from Grievance management database Monthly total Number of grievances opened Records from Grievance management database Monthly during the reporting period Number of grievances closed Records from Grievance management database Monthly during the reporting period Number of closed grievances Survey of PAPs and grievance closure form Annually where PAPs indicate satisfaction with the solution Number of closed grievances Survey of PAPs and grievance closure form Annually where PAPs indicate satisfaction with the grievance process Land title Number of Notifications Total number of Notifications at the time of preparation One -off pending of RAP Number of notifications solved Review of the documents from the Competent Annually with restitution in kind within Institutions responsible for solving Notifications the Project area Number of court decisions Review of the expropriation documents Upon establishing restitution in kind completion of within the Project area RAP implementation Compensation Number of PAPs who received Review of expropriation documents Upon compensation in a timely completion of manner 67 Indicator/Issue Measurement Frequency RAP implementation Number of PAPs who Review of expropriation documents Upon experienced issues in receiving completion of compensation RAP implementation Number of PAPs who initiated Review of expropriation documents Upon court procedure for higher completion of compensation RAP implementation Number of PAPs who achieved Review of expropriation documents Upon higher compensation in court completion of RAP implementation 11.2 Completion Report 196. The PIUs Stakeholder Engagement and Social Safeguards Specialist will evaluate if the implementation of the RAP complies with the RAP and ESS5 through preparation of a Completion Report. The in-house final evaluation is deemed as adequate as the scale of displacement is moderate and the land impacted was not utilized. The Completion Report should be undertaken after all RAP input have been completed, but before the Loan Closing date. The timing of the report shall enable the PIU to undertake corrective action, if any, as recommended by the report, before the Project is complete. The scope of the Completion Report should include the following: 197. General: • Assess overall compliance with the RAP commitments and ESS5; • Interview a representative cross-section of PAPs to gather opinions on compensation delivery and acquisition process and grievance management. 198. Compensation process: • Review the entitlements to verify they were delivered on time and if not, whether the delays were justifiable; • Assess whether compensation is at replacement value. 199. Monitoring and Evaluation: • Review internal monitoring and reporting procedures to ascertain whether these are being undertaken in conformance with the RAP; • Review internal monitoring records as a basis for identifying potential areas of non-compliance, any recurrent problems. 200. Grievances: • Review grievance records for evidence of significant non-compliances or recurrent poor performance in implementation. 201. Implementation: • Assess whether resources are adequate for implementing commitments in the RAP; • Compare actual progress to initial planned schedule of activities; 68 • Assess progress on Notifications over historic land take and identify outstanding cases, • Verify that all entitlements and compensations described within the RAP have been delivered; • Check on systemic grievances which have been raised and that may still be outstanding; • Identify any corrective actions necessary to achieve completion of the RAP commitments. 11.3 Monitoring of temporary land access for construction works 202. Although highly unlikely that during construction works the Contractor may need to temporary occupy privately owned land, the Supervising Consultant yet to be engaged to supervise the civil works will be obliged on a monthly basis to monitor if the need for temporary occupation of land has aroused outside or inside the area of land designated for the Project site. 203. The Contractor will be obliged to address the PIU via the Supervision Consultant informing that temporary occupancy of land is needed and to present the negotiated agreement with the owners affected by such impact. Such negotiated agreement will be subject to PIUs endorsement that the provisions of the contract follow the principles of this RAP. The PIU will include such provisions in the Tender Documents and subsequently be transferred into the Contract for Construction works setting as mandatory compliance with the provisions of this RAP to the extent applicable. Such arrangements shall be included in the Contract for Supervision services also. The PIU shall keep a database41 in the form of excel spreadsheets and send annual updates to the Bank. 12. COSTS AND BUDGET 204. The Romanian State, as the expropriator, represented by the Ministry of Justice, is liable to fund all compensations for the expropriation process and as such a specific item has to be developed in the budget of the MoJ to cover compensation and costs associated with the RAP implementation. There are no other resettlement costs beyond the financial compensation to the PAPs. 205. Following the approval of the feasibility study and the establishment of the expropriation corridor, an expert specialized in real estate valuation (member of ANEVAR) will be appointed to carry out the valuation of land subject to expropriation. The land valuation report will be prepared considering the expert opinions drafted and updated by the chambers of the notaries public and under the coordination of the National Union of Notaries Public from Romania. 206. At this time, only an estimation of the costs related to the expropriation can be done, using the Notary Grid for lands in Bucharest, applicable in 2022. The 2022 costs will be updated in the year of expropriation (2024 prices) by the same independent evaluator contracted by PIU. 207. The land plots within the Project area are distributed along Unirii Boulevard, Mircea Voda Boulevard and Octavian Goga Boulevard; however, some plots are located more to the middle of the site, being difficult to establish to which street belong. Out of the three boulevards, the Unirii Boulevard has the highest price for land, according to the Notary Grid for 2022. 208. The estimated costs for land acquisition are presented in the Table 11, and has taken into account: • the current highest price for land within the area (936 Euro per sqm of land with no constructions) for the entire surface of land to be expropriated; • an assumption that all pending Notifications are resolved with restitution in kind within the Project area and subsequently expropriated and compensated in cash. 41 The database will include information regarding owner, lease agreement, lease term, area leased. 69 Table 11: Estimated costs for land acquisition within Justice District area Area type Area (sqm) Price per sqm Total cost (Euro) (Euro) Land owned by natural/ legal persons and 10,690.24 936 10,006,064.64 Bucharest Municipality Land notified for restitution 8,469.95 936 7,927,873.20 Total (Euro) 17,933,937.84 Source: Calculations based on the Notary Grid for 2022, using the price of land with no constructions on the Unirii Boulevard, Zone 47-A3. 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Republished with the Official Gazette No. 767/ 2003. Law 10/2001 on the legal regime of some real properties abusively taken over between 6 March 1945 and 22 December 1989. Re-published with the Official Gazette no. 798/2005. Law 165/2013 for the completion of the process of restitution of real properties abusively taken over during the communist regime. Law 33/1994 regarding the expropriation for public utility. Republished with the Official Gazette No. 472/2011. Law 255/2010 on expropriation for the public utility cause, necessary to achieve national, county and local interest. Methodological Norms for the Application of Law 255/2010. Civil Code 287/2009. Republished with the Official Gazette No. 71/2011. Civil Procedural Code 134/2010. Republished with the Official Gazette No.247/ 2015. Law 500/2002 regarding public finances. Memorandum adopted by the Romanian Government on August 2, 2018 - Decision regarding the situation of the Esplanada site for the development of a functional reconversion program. Government Decision no. 529/2019 for approving the renaming of the investment objective site, located in Bucharest, Unirii Blvd, Sector 3, from “Esplanada" to "Justice District" and "projects of public interest of Bucharest", as well as for approving the functional reconversion program on the site. 73 Annex 2 - Inventory of PAPs Table 12: Inventory of land owners within the Project area, affected by expropriation Owner Type of owner Land Area based on Area based registration official land on actual number ownership measurement document (sqm) (sqm) Owner 1 Natural person 204222 157 157.13 Owner 2 Natural person Owner 3 Natural person 222912 1,058 1,058 Owner 4 Natural person Owner 5 Natural person 210107 347 348 Owner 6 Natural person Owner 7 Natural person 225487 216 216 Owner 8 Natural person 203229 164 164 Owner 9 Natural person 204113 362 362 Owner 10 Natural person 208732 547 547 Owner 11 Legal person 204730 450 420,17 Owner 12 Natural person 225197 2,175 2,175 Owner 13 Natural person Owner 14 Natural person 204175 298 298 Owner 15 Natural person Owner 16 Legal person 227039 569 569 Owner 17 Legal person 204673 476 509 Owner 18 Legal person 205375 850 847.23 Owner 19 203033 335 335 208317 433 432.94 Local authority 207546 531 531.23 202025 359.33 359.28 205049 944 944 Source: The Land Book and the Bucharest Municipality. Compensation is based on ANEVAR evaluator report which takes into account land book surfaces confirmed by the ownership documents over the real estates to be expropriated. In case - following actual measurement - differences are found between measurements and ownership titles – then compensation shall be made with the observance of the surfaces as per the ownership titles. 74 Annex 3 - Announcement for the cut-off date ANNOUNCEMENT OF THE CUT-OFF DATE FOR THE JUSTICE DISTRICT PROJECT THIS ANNOUCEMENT WAS POSTED ON MINISTRY OF JUSTICE WEBSITE ON 07.07.2021 https://www.just.ro/cartierul-justitiei/ Dear Fellow Citizens, The Government of Romania, through the Ministry of Justice, intends to consolidate a number of currently disparate justice sector institutions from Bucharest in one location. The Project is intended to be developed within the western half of an open plot of land within the heart of Bucharest, commonly referred to as Esplanada. The Esplanada site is located in Bucharest, Sector 3 and it is bordered by Unirii Boulevard to the North, the Octavian Goga Boulevard to the South, the Nerva Traian Street to the East, and the Mircea Voda Boulevard to the West. The land was allocated for the Project by Government Decision no. 592/2019 for approving the change of name of the investment objective location, located in Bucharest, Bd. Unirii, sector 3, from "Esplanada" to "Justice District" and "projects of public interest of Bucharest", as well as for approving the site’s priority program for functional reconversion. The designated portion of land is presented below. The Project will be developed within the next 7 years and will require acquisition of land within the Project site, according to the Law no. 255/2010 on expropriation for reasons of public utility, necessary to achieve objectives of national, county and local interest and the Relocation Measures Plan developed for the project. On 09 April 2021, the Census of land and assets attached to the land has been completed providing the baseline for assessment of impacts related to this development. Based on the Census and beginning with the date (07.07.2021) this Announcement is made public, the Cut-off Date for the Bucharest Justice District Project is set. Any person who encroaches on the area shall not be entitled to receive compensation or any other form of resettlement assistance. Similarly, fixed assets (such as built 75 structures, crops, fruit trees/woodlots) established on the area after the cut-off date will not be compensated and shall be removed from the site. We look forward to the commencement of this important Project that will benefit the area and will enhance the access to justice services. Any question related to this announcement can be directed to: Address: Ministry of Justice. Department for Implementation of External Funded Projects. 17 Apolodor Street, Sector 5, Bucharest Phone number: +4 037 105 1212 Fax: +4 037 204 1092 Email: cartieruldejustitie@just.ro 76 77 78 79 Annex 4 - Information and Complaint Registration form Reference No: Full Name Note: you can remain anonymous if you prefer or request not to disclose your identity to the third parties without your consent. In case of anonymous grievances, the decision will be disclosed on the website. First name _____________________________________ Last name _____________________________________ â?? I wish to raise my grievance anonymously â?? I request not to disclose my identity without my consent Contact Information Please mark how you wish to be contacted (mail, telephone, email). â?? By Mail: Please provide mailing address: ___________________________________________________________________________ â?? By Telephone: _____________________________________________________________ â?? By Email _________________________________________________________________ â?? I will follow up the resolution at the website as I want to remain anonymous Preferred Language for communication â?? Romanian â?? Other (indicate)_________________ Description of Issue (What happened? Where did it happen? Who did it happen to? What is the result of the problem? Date of Incident) â?? One-time incident/grievance (date _______________) â?? Happened more than once (how many times? _____) â?? On-going (currently experiencing problem) What would you like to see happen to resolve the problem? Supporting Documentation provided? Yes / No If yes, please list the documentation that you have shared. Date: _______________________________ Please return this form to: Ministry of Justice, Department for Implementation of External Funded Projects, Address: 17 Apolodor Street, Sector 5, Bucharest,via Email: cartieruldejustitie@just.ro, or by Fax: +4 037 204 1092. 80 Annex 5 - Central Feedback Brochure You have the right to ask, MINISTRY know, complain, OF JUSTICE seek assistance. Use your right. CENTRAL The CICD serves INFORMATION to respond, inform, resolve & COMPLAINT and help. DESK (CICD) The Ministry of Justice is developing the Justice JUSTICE Quarter Project to Ministry of Justice consolidate a number of QUARTER PROJECT Department for justice sector institutions Grievance Implementation of External at one location. In order to Funded Projects facilitate meaningful stakeholder engagement To the attention of the CICD and protection of the rights of all citizens during the execution of the work, the CICD was established. 17 Apolodor Street, Sector 5, Bucharest Guide fax: +4 037 204 1092 This brochure is designed to introduce you to its role, basic principles and phone: +4 037 105 1212 Note e-mail: guide you through the grievance administration. cartieruldejustitie@just.ro December 2019 MINISTRY OF JUSTICE .COM 81 When can I address the CICD? What does the CICD do once you seek Tell me more about the CICD. You can address the CICD an unlimited its action? The CICD is a mechanism created for number of times during the land acquisition the Justice Quarter Project. It has the Within 3 days the CICD will acknowledge activities, construction works. receipt and within 30 days it will decide on role to inform you on development matters, receive and provide guidance your grievance . If your grievance is not for grievances related to land understandable you will be contacted to You may turn to the CICD if you believe that acquisition, and matters related to better understand your claim. If necessary, the you have questions and claims related to the construction activities related CICD will make site visits to gather the facts. nuisance (dust, noise, community land acquisition process, or have or will suffer damages from construction works , Once resolved , you shall receive written health & safety). have concerns about dust or dirt, noise, response with the actions to be taken to heavy traffic or experience other nuisances remedy harm or provide guidance for such а related to the construction works, remedy. How to contact the CICD? Should you require informat ion or The CICD will re ceive your grievance, believe the project activities have acknowledge, assess and assign, resolve, Conclusion given rise for your claim, you can file decide and provide a response All concernes and grievances shall be heard. your claim using the Information and Use the mechanism made available to you to If you are not satisfied with CICD decision, or Complaint Registration form at any time you can further pursue the seek guidance, remedy of harm and available on line or its hard copy matter in court or in form of any other information to matetrs related to the Justice available at the Ministry of Justice institution responsible to handle your case. Quarter Project. and in your neighborhood and submit it: You cannot be precluded in your right to seek 1) in person or by mail to the Ministry judicial protection. of Justice 2) by fax 3) by phone 4) by email You will receive a response in a manner of your choice. Should you choose you may remain anonymous, the resolution of your grievance will be disclosed on the website of the Ministry of Justice. http://www.just.ro 82 Annex 6 - Invitation to Public Consultation on Draft RAP PUBLIC CONSULTATION ANNOUNCEMENT In accordance with the World Bank’s Operational Policy on Involuntary Resettlement The Ministry of Justice of the Government of Romania Invites you to a public consultation ON THE DRAFT RESETTLEMENT ACTION PLAN FOR The Justice District Project To be held on XXXXXXXXXXX, 2020 at XX PM (Local time) at the XXXXXX The document for this consultation is available: • On the website of the Ministry of Justice www.just.ro [a more specific webpage address will be provided once the report is uploaded] • At the premises of the Ministry of Justice, 17 Apolodor Street, Bucharest. Questions and requests for additional information with regard to the draft Resettlement Action Plan can be stated directly during the public consultation on date XX. Questions about the draft Resettlement Action Plan can also be submitted during the pre-consultation period [XXX to XXX] or post consultation period [XXX to XXX] through: Mail: Please address to: Ministry of Justice. Department for Implementation of External Funded Projects, 17 Apolodor Street, Sector 5, Bucharest. Email: cartieruldejustitie@just.ro [please include draft RAP Justice District Project in the subject line] Fax: +4 037 204 1092 83 Annex 7 – Report on public consultation process Report – PAP summary consultation/dialog process 1. Communications initiated by Owners of plots OWNER Communication Brief reactions (relevant paras.), quoted and translated from Owner to MoJ the correspondence. GHIȚĂ MARIA- Letter dated June â€?ÃŽntrucât există un proiect â€? Since there is a project for EUGENIA (the 14, 2018 – pentru realizarea unor the realization of objectives owner with the registered at MoJ – obiective de interes public È™i of public and local interest, largest private No. 54949/June 20, local, venim în întâmpinarea we inform you that we are plot) 2018 dumneavoastră È™i vă willing to give you all the încunoÈ™tințăm că suntem necessary support in order to dispuÈ™i să vă acordăm tot carry out all expropriation sprijinul necesar în vederea operations under the law, efectuării tuturor operaÈ›iunilor with the payment of fair de expropriere în condiÈ›iile compensation.â€? legii, cu plata unei juste despăgubiri.â€? TÂRȘOAGÄ‚ Letter dated March â€?Domnule ministru am scris â€?Mr. Minister, I am writing on CONSTANTIN- 24, 2021 – pentru cei păgubiÈ›i – behalf of the ones who VIOREL registered at MoJ – proprietarii, deoarece ca suffered - the owners, No. 29747/March roman care aÈ™teaptă de 28 de because as a Romanian who 24, 2021 ani dreptatea din partea has been waiting for 28 years autorităților, felicit È™i acord for justice from the onoarea È™i respectul cuvenit authorities, I congratulate Ministerului de JustiÈ›ie, care and give due honor and prin DIPFIE a elaborate È™i respect to the Ministry of întocmit de către arhitect Justice, which through DIPFIE Ilinca Băjenaru, în data de has elaborated and drafted - 17.08.2020, documentul by architect Ilinca Băjenaru, intitulat Nota Conceptuală a on August 17, 2020, the Cartierului pentru JustiÈ›ieâ€? document entitled Conceptual Note for Justice Districtâ€? TÂRȘOAGÄ‚ Letter dated â€?Domnule ministru al justiÈ›iei, â€? Mr. Minister of Justice, it is CONSTANTIN- February 22, 2022 – este un semn bun pentru mine a good sign for me, the owner VIOREL registered at MoJ – proprietar al terenului of the mentioned land, No. menÈ›ionat, situate în located in the premises of the 15888/February perimetrul â€?Cartierului pentru Justice District, the a 22, 2022 justiÈ›ieâ€?, declaraÈ›ia statement you made dumneavoastră ce rezumă summarizing the meeting you întâlnirea din 10.01.2022 cu had on January 10, 2022 with managerul de È›ară al Băncii the World Bank country Mondiale, doamna Anna manager, Mrs. Anna Akhalkatsi, prin care susÈ›ineÈ›i Akhalkatsi, in which you realizarea acestui proiect din support the implementation care citez â€?Este importantă È™i of this project, from which I analiza â€?Functional Reviewâ€? quote "It is also important the care se va încheia în acest an È™i "Functional Review" analysis finanÈ›area â€?Cartierului pentru which will be completed this justiÈ›ieâ€?, un proiect de year and the financing of the infrastructură imobiliară fără Justice District, an precedent după 1989, care se infrastructure project va încheia în 5-7 ani È™i va unprecedented after 1989, 84 furniza locaÈ›ii de lucru pentru which will be completed in 5- 23 de instituÈ›ii din sistemul 7 years and will provide judiciar, de la MJ până la CSM, working premises for 23 instanÈ›e È™i parchete, UNBR institutions of the judiciary, È™amd…. from the MoJ to the SCM, Domnule ministru al justiÈ›iei, courts and prosecutors' personal apreciez eforturile offices, UNBR and so on....". Ministerului de JustiÈ›ie È™i Mr. Minister, I personally angajamentul dumneavoastră appreciate the MoJ efforts pentru accelerarea and your commitment to proiectuluiâ€? accelerate the projectâ€? FINCKELSTEIN Letter dated â€?ÃŽn calitate de proprietar al â€?As the owner of the 547m2 SANDU August 2022 – terenului în suprafață de 547m2 plot of land located at No. 13- registered at MoJ – situat pe B-dul Octavian Goga 15 Octavian Goga Boulevard, No. 61256/August nr. 13-15 Sector 3, BucureÈ™ti, Sector 3, Bucharest, 10, 2022 înscris în CF 208732, ce se află registered in Land Book în interiorul culoarului de records with No. 208732, expropriere, vă comunic faptul which is part of the că am luat la cunoÈ™tință expropriation corridor, I intenÈ›ia privind elaborarea hereby inform you that I am PUD-ului È™i sunt total de acord aware of the intention to cu acesta, nu am obiecÈ›ii sau elaborate the PUD and I fully observaÈ›ii È™i solicit, ulterior agree with it, I have no finalizării etapei studiului de objections or observations fezabilitate, comunicarea and I request, after the notificării cu privire la intenÈ›ia completion of the feasibility de cumpărare/expropriere a study stage, the notification imobilului din B-dul Octavian of the intention to Goga nr. 13-15, cu stabilirea purchase/expropriate the unei juste despăgubiri.â€? building at No.13-15 Octavian Goga Boulevard to be issued, with the establishment of a fair compensation.â€? 85 Annex 8 - PUD - notifications PAP 2. Communications during the PUD public consultation process. MoJ informed officially all the known owners part of the expropriation corridor by letters submitted during the public consultation process, specifically informing them that there plots are located on the expropriation corridor. Several of them responded back, as below: Reply to MoJ notification â€?Având în vedere amplasamentul â€?In view of the location of the No. E724/July 13, 2022, proprietatea subscrisei, aÈ™a cum a undersigned's property, as registered at Sector 3 Hall – fost identificat mai sus, rezultă că identified above, it results that it is No. 167806/2022 acesta face parte din culoarul de part of the expropriation corridor, expropriere, astfel că Planul so that the Detailed Urban Plan to Urbanistic de Detaliu ce urmează be drawn up must also include the a fi elaborate trebuie să cuprindă land owned by the undersigned as È™i terenul proprietatea subscrisei land affected by the initiated ca teren afectat proiectului de project of national public interest, interes public naÈ›ional iniÈ›iat, the undersigned expressing its subscrisa exprimându-ne acordul agreement to this PUD only to the pentru acest PUD numai în măsura extent that it also includes the în care include È™i terenul undersigned's landâ€? (a.n. as he subscriseiâ€? wants to make sure he will be expropriated in order to receive cash compensation) Reply to MoJ notification, â€?Subsemnata…proprietar al â€? The undersigned...owner of the registered at Sector 3 Hall – terenului…suprafață de 298m2 la land...area of 298sqm at the No. 167934/2022 adresa indicate mai sus, suntem address indicated above, agree de acord cu proiectul transmis, with the submitted project, but dar solicităm ca pe terenul request that on the land...to nostru…să fim despăgubite cu receive compensation based on the preÈ›ul la zi la data exproprierii.â€? current price from the expropriation date.â€? Reply to MoJ notification â€?Vă aduc la cunoÈ™tință că după ce â€? I would like to inform you that No. E725/July 13,2022, am analizat materialele găsite pe after reviewing the materials found registered at Sector 3 Hall – site-ul Ministerului JustiÈ›iei în on the Ministry of Justice's website No. 171169/2022 legătură cu proiectul â€?Cartierul regarding the Justice District pt. JustiÈ›ieâ€?, nu am observaÈ›ii project, I have no comments asupra acestui proiect È™i asupra related to this project and to the PUD-ului aflat în lucru. PUD currently under preparation. Cunoscându-se faptul că sunt unul Knowing that I am one of the dintre proprietarii care deÈ›in un owners of a plot included in the teren în zona propusă pt. area proposed for expropriation, I expropriere, solicit ca în request that in the documents that documentele pe care le elaboraÈ›i both you and the expropriator, atât dumneavoastră cât È™i namely the Ministry of Justice, are expropriatorul, respectiv going to elaborate, pay attention Ministerul JustiÈ›iei, să acordaÈ›i to how these procedures are atenÈ›ie modului în care sunt provided for in Law no. 255/2010 prevăzute aceste proceduri în and Law no. 33/1994, in order to Legea nr. 255/2010 È™i Legea nr. make a correct assessment of the 33/1994, pentru efectuarea unei land located at No. 24 Unirii evaluări corecte a terenului Boulevard. Thus, I wish to obtain 86 amplasat în B-dul Unirii nr. 24. fair compensation for the land in Astfel, doresc obÈ›inerea unei question, in an amicable manner, juste despăgubiri pentru terenul as provided for in Article 562 para. în cauză, în mod amiabil, aÈ™a cum 3 of the Civil Codeâ€? este prevăzut È™i la art. 562 alin. 3 din Codul Civilâ€? Reply to MoJ notification, â€?Subsemnatul ….È™i sora â€? The undersigned ....and my sister registered at Sector 3 Hall – mea….suntem proprietarii unui ...are the owners of a 550 m2 plot No. 171411/2022 teren de 550 m2 pe B-dul Unirii nr. of land on No. 50 Unirii Boulevard, 50, Sector 3, BucureÈ™ti. Sector 3, Bucharest. Am primit informaÈ›ii că urmează We have received information that să se facă un proiect care include a project including our land is going terenul nostru. to be developed. Prin urmare dorim să vă informăm Therefore, we would like to inform că suntem dispuÈ™i să vindem you that we are willing to sell the terenul la valoarea în bani pe land at the markets` value from piață, în momentul tranzacÈ›iei.â€? the time of the transaction.â€? 87