29. Hotărâre de dare în administrare a imobilelor în care funcţionează unităţile de învăţământ preuniversitar de stat, în lipsa operaţiunii prealabile de inventariere anuală. Nelegalitate
29. Decision to hand over the administration of the buildings where state pre-university education establishment operate, in the absence of a prior annual inventory. Illegality

Summary/Abstract: Art. 299 and subsequent of the Adm. Code do not make direct reference to the provisions of art. 289 on the inventory of goods in the public domain of administrative territorial units. However, based on the teleological (taking into account the purpose of the law) and systematic (based on the corroboration of the legal texts in such a way that their interpretations are reconciled) interpretation of the legal provisions mentioned, it is found that the annual inventory of the public property of the territorial administrative unit must be carried out prior to the transfer of the property into administration. In practice, one of the substantive conditions of the local council's decision to hand over public property to the local council is the indication of the inventory value of such property, so there is an indirect link between the provisions of Article 289 on inventory and the provisions of Article 299 on the handing over. Moreover, from the topography of the legal texts cited above, it can be seen that Article 289, which imposes on local public authorities the obligation to take inventory, is situated 'downstream' from Article 299, which mentions the inventory value as a mandatory element of the administrative act of transfer of administration. Thus, since the legislator has regulated in the normative act the obligation to make an inventory prior to the prerogative of establishing the right of administration, it follows that his intention was that the procedure of certifying the inventory of the goods that make up the public domain should be carried out in priority to any operation of giving in administration. At the same time, in a teleological interpretation of the provisions of Article 299, the inventory value that must be included in the local council's decision to hand over the property in administration must be an updated one, resulting from the annual inventory of public property assets, and not an inventory value determined before the entry into force of the Administrative Code. Therefore, in order to comply with the provisions of the Administrative Code, it is necessary to initiate the operation of annual inventory of the buildings in which the state pre university education units operate within the administrative territorial unit and only then to issue the local council's decision to hand over the administration of these assets.

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