ARGUMENTS FOR DECLARING THE UNCONSTITUTIONALITY OF PARAGRAPH (1) OF THE SOLE ARTICLE OF THE GOVERNMENT EMERGENCY ORDINANCE NO. 4/2012

Marta-Claudia Cliza () and Laura-Cristiana Spataru-Negura ()
Additional contact information
Marta-Claudia Cliza: Faculty of Law, University of “Nicolae Titulescu†, Romania
Laura-Cristiana Spataru-Negura: Faculty of Law, University of “Nicolae Titulescu†, Romania

Perspectives of Law and Public Administration, 2021, vol. 10, issue Special Issue, 138-146

Abstract: The objective of this study is to present our arguments on the unconstitutionality of para. (1) of the sole article of the Government Emergency Ordinance no. 4/2012 on certain temporary measures to strengthen the regulatory framework necessary for the application of certain provisions of Title VII of the Law no. 247/2005 on the reform in the fields of property and justice, as well as certain related measures. Considering that the deprivation of the main and accessory effects of the right of ownership, guaranteed by the Romanian Constitution and established by law, requires an express regulation and cannot be a consequence of the interpretation of an unclear rule, we consider that the provisions of para. (1) of the sole Article of the aforementioned normative act does not comply with the constitutional requirements of precision, clarity and predictability, as they are liable to be applied contrary to the constitutional provisions protecting both the separation and balance of state powers and the main and accessory effects of the right to property.

Keywords: unconstitutionality; GEO no. 4/2012; Law no. 247/2005; property rights. (search for similar items in EconPapers)
JEL-codes: K11 K23 (search for similar items in EconPapers)
Date: 2021
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.adjuris.ro/revista/articole/An10se/14.%20Cliza,%20Spataru-Negura.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:10:y:2021:i:special:p:138-146

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().