Constitutional relevance of the legislative technique. The form taken by the transfer of state-owned property
Constitutional relevance of the legislative technique. The form taken by the transfer of state-owned property

Summary/Abstract: This study presents key benchmarks from the case law of the Constitutional Court of Romania (CCR) that address the legislative requirements concerning the method of transferring goods that fall under specific properties. The purpose of this article is not to analyze the legal framework regarding the property of the State and administrative-territorial units per se, but to provide a “mirror” reflecting how this framework is interpreted through the legislative techniques employed by the CCR in its reasoning, thereby illustrating the relevance of these rules. Additionally, the study highlights the importance of coherence in the interpretations made by constitutional courts. From this perspective, it invites an analysis of the mechanisms and reasoning behind jurisprudential changes, using a comparative law approach.

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