Balancing the Legal Circuit Through the Intervention of Courts on Administrative Decisions. Case study
Balancing the Legal Circuit Through the Intervention of Courts on Administrative Decisions. Case study

Summary/Abstract: The question of ownership and expropriation has been and continues to be a hot topic of debate, both in academia and in legal practice. The multitude of opinions and interpretations given in specialized literature, but also in judicial practice regarding the property issue, makes approaching the study topic a real challenge. The concern for this subject derives from the topicality of the topic, the issue of expropriation for reasons of public utility representing an encroachment on the right of private property by the state, with real and current practical values, property being the basis of most ideological and judicial conflicts in the contemporary world. From the variety of problems that circumscribe the field of expropriation, we consider it relevant, from a practical and current point of view, to highlight the way in which the courts intervene in balancing the legal circuit in some administrative decisions regarding expropriation. Therefore, the purpose of this paper is to highlight the way in which the state, through the courts, exercises its right to balance the legal circuit in the contemporary legal reality in Romania. In order to fulfill the objective of the proposed research, we started by analyzing the notion of expropriation, applying the logical-interpretive method, on the texts of primary legislation regarding expropriation, in order to extract the spirit of the legal provision, so that, then, through two case studies, we highlight, concretely how the intervention of the courts restored the balance of the legal circuit affected by wrong administrative decisions. The study of these two cases focuses on how several public entities understand how to apply the legal provisions incorrectly and even abusively, the consequence being the violation of the rights of owners, while also focusing on how the courts ruled in each case in part. At the end of this study, the conclusions drawn from the research can be found, followed by some lege ferenda proposals or directions of action, aimed at harmonizing the social and legal relations that are the subject of the research undertaken.

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