EXPROPRIEREA ÎN FAPT - O CONFUZIE GENERALĂ A JURISPRUDENŢEI ROMÂNEŞTI ŞI A CURŢII DE LA STRASBOURG
„DE FACTO“ EXPROPRIATION - GENERAL CONFUSION OF ROMANIAN AND THE STRASBOURG COURT DECISIONS

Summary/Abstract: This article on “de facto“ expropriation, made-up as an legal institution, submits änd highlights several issues. First, it shows the fact that not only national courts, but also the Court in Strasbourg can generate, through its decisions, legal inaccuracies at least equal to that which is called upon to resolve, the effect being however much larger in a negative way, because the Court rulings have significance not only for the case it solves, but represent legal guidance in relation to all national courts of signatory states of the Convention. Second, it has to be stressed that (some) Romanian courts assumes without any criticism the decisions from the European Court, thus contributing to the perpetuation of obvious legal anomalies. Thirdly, the article highlights the risks of inventing and applying, in actual cases, concepts exceeding the legal regulation and which leads inevitably to: discrimination on the basis of the person involved (public or private); distortion and even cancellation of strict and mandatory procedures and institutions regulated by law (expropriation); building the foundation of fraud, etc.

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