CONTRIBUŢII LA STUDIUL REGIMULUI JURIDIC AL ARBORILOR DIN AFARA FONDULUI FORESTIER NAŢIONAL
CONTRIBUTIONS TO THE STUDY OF THE LEGAL REGIME OF TREES OUTSIDE THE NATIONAL FOREST FUND
Author(s): Mihai Bogdan Ionescu-LupeanuSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Public Law
Published by: Universul Juridic
Keywords: wildlife protection; remarkable trees; legislation; Romania; limitation of property rights; legal regime;
Summary/Abstract: In the wider context of the enactment of laws regarding the protection of trees with landscape, monumental, historical and/or cultural value in a multitude of European states, but without a unified policy in this direction, the author critically analyzes Law no. 97/2023 regarding the protection of outstanding trees, published in the Official Gazette of Romania, part I, no. 320 of April 18, 2023. Particular attention is paid to the scope of the law, the limitations brought to the right of ownership by the legal regime of remarkable trees and the compensation of these limitations, as well as the institution of contraventional legal liability for non-compliance with the legal regime of remarkable trees. As a result of the general conclusion of the paper regarding the inability of the normative act to determine the protection of the outstanding trees on which the initiators of the bill counted, the author issues a suite of ferenda law proposals.
Journal: Universul Juridic
- Issue Year: 2023
- Issue No: 06
- Page Range: 140-147
- Page Count: 8
- Language: Romanian