Aspecte controversate în litigiile de dreptul urbanismului
Controversial aspects in the disputes of urban planning law

Summary/Abstract: The lack of tailored legislation in the field of town planning law generated different doctrinal interpretations and divergent judicial practice. The most controversial issues of law in these disputes were commonly related to the following aspects: the legal nature of the town planning certificate; the compatibility of the injunction regulated by art. 996 of the Civil Procedural Code with the administrative law procedure regarding the claims for the suspension of construction work commenced on the basis of a building permit; the interpretation of the notion of the „date of acknowledgement” of the building permit and the admissibility of claims having as object the establishment of the ownership right through immovable accession for constructions erected without a building permit. However, the interpretation of the administrative law doctrine and the jurisprudence of the courts of law cannot substitute the absence of a town planning code, meant to equalize the legislation issued in the field of town planning, to regulate special procedures addressed exclusively to litigations related to administrative deeds issued in the field of town planning and to respond to current investment projects and town planning needs. Apparently, the first steps in this direction were made in March this year, through the elaboration of a project for the adoption of the preliminary theses of the Territorial Planning, Urbanism and Construction Code which has already been subject to public debate. The fulfilment of the commitments to reform the legislation on territorial administration, town planning, construction quality as well as the elaboration of a town planning code, as assumed on the basis of the Integrated Plan for the simplification of administrative procedures applicable to citizens approved by the National Coordination Committee for the implementation of the strategy for strengthening the public administration 2014-2020, must be achieved as soon as possible.

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