Titularii dreptului de folosinţă gratuită asupra bunurilor proprietate publică. Condiţii şi obligaţii
Holders of the right of free use of public property. Conditions and obligations

Summary/Abstract: The right of free use of public property is a right in rem which is established free of charge, for a limited period of time, by a unilateral administrative act of the Government or of the deliberative authorities of the local public administration. The names reserved by the legislator for the holders of this right are not characterized by unity and stability, but the unanimous opinion in doctrine is that only legal persons governed by private law that have acquired the status of public utility are considered. This category includes associations and foundations recognized as being of public utility under the terms of Government Ordinance no. 26/2000, as well as associative structures established by law as legal entities of general interest and of public utility. The right of use free of charge was not recognized for the benefit of public institutions or autonomous regions, since the right of administration could also be constituted free of charge in their favor. However, the amendment of the Administrative Code by the provisions of Law no. 115/2024 extends the categories of holders of the right of free use of public property to public institutions. We consider this addition to the Administrative Code as confusing in relation to the traditional way of regulating this real right corresponding to the right of public property and unconstitutional in relation to the provisions of Art. 136 Para. (4) of the Constitution.

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