Responsabilitatea și răspunderea în materia transferului interdomenial
Responsibility and Accountability in Interdepartmental Transfer Matters

Summary/Abstract: The possibility of passing an asset from the public domain to the private domain reflects the relative nature of inalienability, a fundamental principle that governs all public domain assets. The present work proposes the analysis of an extremely sensitive issue – the interdomain transfer, where a special influence is represented by the discretionary power enjoyed by the owner of the property right, a power that opens the way to a wide range of possibilities to thoroughly motivate the termination of use or the national or local public interest. The material is structured in two parts: I. Theoretical aspects and II. Jurisprudential solutions in the matter of interdomain transfer. In the first part of the material, we will analyze the key concepts of responsibility (I.2) and liability (I.4), meaning that we will present specific references to the notion of responsibility in the Administrative Code (I.3) and we will analyze the concept of “responsibility patrimonial” (I.5) encountered in the doctrine. After reviewing the key notions presented, we will analyze the legal framework applicable to the public domain and the private domain of the state and administrative-territorial units (I.7), paying special attention to the lack of a criterion for determining whether an asset belongs to the public domain or private (I.8), as well as the impact of this lack in practice. In subsection I.9 we will generically present the ways of making the interdomain transfer and next, we will analyze the discretionary power enjoyed by the owners of the property right (I.10). In the second part, we will focus our attention on some decisions pronounced in the matter of interdomain transfer, meaning we will analyze some relevant decisions of the Constitutional Court (II.A), as well as decisions of the common law courts (II.B). In the final part of our study, we will call for the responsible application of the law, for good knowledge and application of it, after previously raising an alarm signal about disregarding the constant practice of the Constitutional Court regarding the prohibition on making the transfer interdomain of non-exclusive public property through an individual law, disregard resulting from the adoption of laws in dissonance with the practice of the Constitutional Court.

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