Codificarea legislațiilor de amenajare a teritoriului, de urbanism și a construcțiilor și contribuția sa la dezvoltarea dreptului în materie
The Codification of Legislation of Land use, Urban Planning and Constructions and its Contribution to the Development of Law in the Matter

Summary/Abstract: After a disorderly and fragmentary development, the Romanian legislation in the field of territorial planning, urbanism and constructions knows a systematization through a code, in the wider context of the codification of administrative law. This complex normative act brings together and orders the texts of 8 laws, an emergency ordinance of the government, 5 government decisions and 2 pre-existing ministerial orders, with some adjustments, clarifications, and additions from the perspective of certain solutions accepted in case law or affirmed in administrative practice. The structuring of the subjects was done starting from the planning of the territory and the drawing of strategic guidelines, reaching the operational urban planning, the authorization of construction works, and up to the approach of the entire life cycle of the constructions, the stages of development of an investment, certain roles and responsibilities. The land planning, urban planning, and construction code contributes to a greater readability and accessibility of the regulations in the field, in the conditions of an accentuated technical character of the prescriptions, to a superior correlation of the various texts present, and to the increase of the coherence of the related normative ensemble. Even without significant progress in terms of normative content, the result of the codification has the merit of concentrating the legislation of the three related fields and thus facilitating the integrated approach; many questions remain on the capacity of the new legal edifice to ensure the security, the legitimacy of the acts, decisions and projects concerned, as well as regarding real public participation.

• Details
• Contents