DETAILED URBAN PLAN – BETWEEN SPECIFIC REGULATION AND UNCERTAIN LEGAL NATURE
DETAILED URBAN PLAN – BETWEEN SPECIFIC REGULATION AND UNCERTAIN LEGAL NATURE

Summary/Abstract: Spatial planning and town planning are regulated in the provisions of Law no. 350/2001 and have as their basic purpose the establishment at a centralized level of a unitary framework for the development and planning of all construction, reconstruction and restructuring works. The detailed urban plan is a frequently encountered urban design tool in the field of territorial planning, and obtaining it is required in some situations precisely to respect the need for public safety and security, being a concrete application of the elements of the local urban planning regulation. Although it is classified as a specific regulation, the detailed urban plan does not enjoy a coherent and predictable legal framework, the proof of this fact being the extensive jurisprudential discussions regarding the legal nature of this administrative act, and the objective of this paper is to analyze the legal incidents and national jurisprudence provisions to answer the question of whether the determination of the legal nature of the detailed urban plan can affect the imperative of public safety and security of legal relations

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