The problem of sharing the competence of the courts of law in the matter of administrative acts issued in the field of land fund Cover Image
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Problema partajării competenței instanțelor în materia actelor administrative emise în domeniul fondului funciar
The problem of sharing the competence of the courts of law in the matter of administrative acts issued in the field of land fund

Author(s): Marta-Claudia Cliza, Constantin-Claudiu Ulariu
Subject(s): Administrative Law
Published by: Uniunea Juriștilor din România
Keywords: land fund; the Law No 18/1991; the Law No 10/2001; the High Court of Cassation and Justice; prefect; retrocession;

Summary/Abstract: The problems of the land fund became of maximum importance after 1990. Romania, in relation to the new realities regarding the property, had to urgently adopt the Law No 18/1991. After more than 30 years of application, the Law on the land fund still gives rise to discussions on the topic of sharing the competence of the courts in matters of administrative acts issued in its application. The general framework in the matter of restitutions was completed by the appearance of the Law No 10/2001. Subsequently, the entry into force of the Law No 554/2004 has definitively established the legal regime of administrative acts in general. Therefore, we are at the confluence of several framework-laws in the field regarding the regime of administrative disputes, in general, and of the matter of the land fund, in particular. This study seeks to provide precisely an approach as analytical as possible of the manner the courts of law settle this issue.

  • Issue Year: 2021
  • Issue No: 09
  • Page Range: 81-94
  • Page Count: 14
  • Language: Romanian