Stages of the expropriation procedure in the Romanian common law Cover Image
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Etapele procedurii exproprierii în dreptul comun român
Stages of the expropriation procedure in the Romanian common law

Author(s): Ana-Maria Nicolcescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: expropriation; public utility; administrative stage; judicial stage; subsidiary nature; fair and preliminary compensation; right of use; right of restitution; pre-emption right.

Summary/Abstract: In essence, the expropriation procedure goes through two stages, the administrative stage and the judicial stage, the common law in the matter being represented by the Law No 33/1994, as amended and supplemented. The litigation procedure is criticizable however, in many aspects, for the lack of transparency and of access to data, from the perspective of the holder of the restricted real right. Thus, although in the preamble of this normative act it is affirmed the necessity of equalizing the right of private ownership with the public interest, the latter has priority in many of the situations that have arisen in practice.

  • Issue Year: 2017
  • Issue No: 08
  • Page Range: 25-47
  • Page Count: 23
  • Language: Romanian