ASPECTS REGARDING THE VALIDITY OF THE ADMINISTRATIVE ACTS OF URBANISM DURING THE STATE OF EMERGENCY Cover Image

ASPECTE PRIVIND VALABILITATEA ACTELOR ADMINISTRATIVE DE URBANISM ÎN PERIOADA STĂRII DE URGENŢĂ
ASPECTS REGARDING THE VALIDITY OF THE ADMINISTRATIVE ACTS OF URBANISM DURING THE STATE OF EMERGENCY

Author(s): Gabriel Manu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Emergency; COVID-19 pandemic; public authorities; administrative acts of urban development; construction authorization; continued validity; accessibility, predictability; administrative litigation;

Summary/Abstract: An important factor for successful construction projects, especially in the particular situation created by the COVID-19 pandemic, is the administrative procedures involved in the field of urban planning / construction authorization and the situation of the related administrative acts. The President of Romania's Decree No 195/2020 provides for the continued validity of documents issued by public authorities which expire during the state of emergency, and Article 332(1) of the G.E.O. No 1/1999 lays down in a similar form, that documents issued by the institutions and public authorities shall be maintained for the whole period of siege or emergency, and for a period of 90 days after the end of such conditions. Without a legal determination of the categories of administrative acts of urban development covered by this rule and the conditions of application, there is a risk of an inconsistent practice in public authorities and institutions and inevitably outside the law at times, given that administrative acts are issued in urban matters with consideration to the rights of third parties.

  • Issue Year: 2020
  • Issue No: 05
  • Page Range: 100-105
  • Page Count: 6
  • Language: Romanian