Soarta bunurilor domeniale private în lumina alegerilor locale
The fate of private domain property in the light of local elections

Summary/Abstract: The material aims to highlight the way in which local elected officials decide the fate of private domain assets through the lens of the powers conferred on them by law. The study is structured in two parts, each part being in turn divided into two sections: the legislation part and the jurisprudence part. In the first section of the first part of the material, we will present the powers assigned to local elected officials by Law no. 213/1998 in areas such as interdomain transfer (§5) and the inventory of public domain assets of administrative-territorial units (§6), following that in the second section we highlight the many practical problems reflected by jurisprudence regarding private domain assets (§13-§26). In the first part of our study, we will also address sensitive topics such as the application of the theory of „forms without substance” regarding the Government's decisions certifying the inventory of public domain assets of territorial communities (§7), the deadline for carrying out the inventory of public domain goods (§11), as well as the long-standing lack of regulation for private domain goods (§12). In the second part of the study, we will analyze a series of provisions from the Administrative Code on the basis of which local elected officials decide the fate of domain assets. Specifically, we will analyze the transfer of an asset from the private domain into the public domain of the same owner of the property right (§28), the five ways of transferring assets into the private domain (§30), the inventory of assets from the public domain of the administrative-territorial units (§32), attributions regarding the inventory of private domain assets of administrative-territorial units (§38), as well as attributions regarding the sale of private domain assets of administrative-territorial units (§40-§42). The sensitive issues that we will analyze will concern the ratio between the Government decisions certifying the inventory of goods from the public domain of the territorial communities, adopted on the basis of Article 21 of Law no. 213/1998 and the decisions of the deliberative authorities of each administrative-territorial unit for attesting the inventory of their public domain goods, adopted pursuant to Article 289, paragraphs (2) and (5) of the Administrative Code (§36) and the re-attestation of the inventory (§37). We will also present a proposal de lege ferenda suggesting a distinct regulation of the public auction for the sale of goods in the private domain (§43). In the final part of the material, we will present a series of jurisprudential solutions in the light of the Administrative Code (§44-§46).

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