26. Trecerea unui bun în domeniul public al unei unităţi administrativ-teritoriale. Condiţii
26. Transfer of an asset into the public domain of an administrative-territorial unit. Conditions

Summary/Abstract: Local council decisions appropriating the inventory of goods from the public domain cannot have the effect of changing the legal regime of a building in the sense of its belonging to the public domain of the administrative territorial unit. This legal effect is produced at the time of attestation, by Government decision, of the belonging to the public domain of the county, as well as of the municipalities, towns and communes in the county, of the goods included in the annexes that are an integral part of that decision. It is inadmissible to request the annulment of the local council's decision regarding the appropriation of the inventory of goods from the public domain, prior to the adoption by the Government of the decision certifying the belonging of the goods to the public domain, having the legal nature of a preparatory act, which cannot produce its own legal effects, being subject to approval by the Government's act of authority, as a final act issued within a legal procedure, regulated by Law no. 213/1998, the form in force on the date of issuance of the local council's decision. The act that can be harmful is the Government decision itself, not the previous (preparatory) one issued by the local authorities, which can be annulled by the administrative court only under the conditions of art. 18 para. (2) from Law no. 554/2004.

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