Transfer of Property from the State Public Domain into the Administrative-Territorial Unit's Public Domain. Qualification of the Application for Annulment of the Decision of the Local Council Requesting the Transfer of Property into the Public Domain of the Administrative-Territorial Unit. Procedural Framework
Romanian Case Law Review issue 4/2014
Posted: 14 Oct 2014
Date Written: October 13, 2014
Abstract
The application for annulment of the decision of the local council, requesting the transfer of property into the public domain of the administrative-territorial unit of P. Municipality and under the administration of the local Council of the said administrative-territorial unit does not fall under the case governed by art. 12 para. (4) of Law no. 213/1998 (now art. 865 NCC), which refers to disputes regarding ownership of public property, so that it could be also formulated by the holder of the right of administration.
The first step of the procedure for transfer of property from the state public domain into the public domain of the administrative units is the request the local council submits to the State by means of a decision, and then the State decides upon such a transfer by issuing a Government decision.
When issuing the local council decisions representing the application for the transfer of the property into the public domain of the administrative-territorial unit, one must take into account the general requirements stipulated by Law no. 215/2001, relative to Law no. 213/1998 in conjunction with art. 136 of the Constitution, and the annexes of Law on public property, because the property mentioned in the Basic Law may be passed into the local public domain only by amending the Basic Law; respectively, property in Annex I of the law may change the legal status only by amending the law.
Local council decision shall remain at the level of a proposal for transfer of property into the local public domain; such transfer can or not be approved by the decision maker on the lack of a Government decision, so that the three challenged judgments cannot produce the legal effect noted by the court, namely the transfer into the public domain of the P. Municipality.
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