Consideraţii privind calificarea termenului prevăzut de art. 21 alin. (26) din O.U.G. nr. 66/2011 privind prevenirea, constatarea și sancţionarea neregulilor apărute în obţinerea și utilizarea fondurilor europene
Considerations regarding the qualification of the term provided for under art. 21 para. (26) of the Government Emergency Ordinance no. 66/2011 on the prevention, finding and sanctioning irregularities involved in getting and using European funds

Summary/Abstract: The study aims to analyse the legal nature of the term provided in article 21 para. 6 of Government Emergency Ordinance no. 66/2011, considering that the law does not regulate this aspect and does not provide sanctions in case of its breach either. Two solutions may be possible and these have been equally adopted by courts: (i) the qualification of the term as one of recommendation and (ii) qualification of the term as a forfeiture term or a limitation term. We have analyzed each of the two possible qualifications and we embraced the solution according to which this is a forfeiture term. In order to eliminate the non-unitary case law, we proposed that in the future the legislation should expressly provide the legal nature of such term, given the effects that it produces in practice.

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