THE SPECIAL EXPROPRIATION PROCEDURE IN ROMANIAN LAW: LEGISLATIVE EVOLUTION, KEY FEATURES AND IMPLICATIONS ON PROPERTY RIGHTS
THE SPECIAL EXPROPRIATION PROCEDURE IN ROMANIAN LAW: LEGISLATIVE EVOLUTION, KEY FEAT

Summary/Abstract: This paper analyzes the evolution of the expropriation regime in Romanian law, focusing on the transition from the classical model, which is achieved through judicial means and whose regulation is found in Law no. 33/1994, to the establishment of a special, accelerated administrative framework, initially introduced by Law no. 198/2004 and significantly expanded by Law no. 255/2010. While the general law implied court validation and a staged procedure, the special regulations aimed to streamline expropriation, initially in the field of road infrastructure, later extended to almost all categories of public interest works. Law no. 255/2010 has become, through the amendments brought by Law no. 233/2018, Emergency Ordinance no. 99/2018 and Law no. 22/2019, the predominant regulatory framework in the matter, including areas such as energy, environmental protection, tourist infrastructure or hydrotechnical works. The study proposes a comparative analysis of these regulations, and highlights the changes regarding the transfer of property rights and the compensation regime.

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