Property security. Regulation and compliance in the light of the urban planning and land planning code

Gabriela Manea

Academic Journal of Law and Governance, 2023, vol. 11, issue 1-2, 77-85

Abstract: In this article, I wanted to carry out an analysis of the issues regarding the security of private property and public property, through the prism of the regulations of the Urban Planning and Territorial Development Code (current approved Project), bringing to the fore the fact that its provisions affect the right to public property and the right to private property, through the legalization of buildings that were built without a building permit or in violation of it, but also through the fact that construction will be allowed on green spaces, thus violating a fundamental right, the right to life, by affecting long-term environment. Reviewing the opinions of some specialists in the field and from the specialized literature regarding the text of the law, on the effects it will inevitably produce, predictable or not, I tried to highlight the problems that local public authorities will face, precisely because this normative, has in its content lacunar regulations, contains a legislative vacuum, which will put the authorities in borderline situations, in the impossibility of issuing building permits under legal conditions. A Code of Urban Planning and Territorial Development should come together with the Norms of its application, in order to apply the legislative provisions in a unitary and non-interpretable way, thus respecting the principles of the rule of law.

Date: 2023
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