JURISPRUDENŢA ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE SESIZATĂ PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT CU INCIDENŢĂ ÎN DOMENIUL URBANISMULUI ŞI AL AMENAJĂRII TERITORIULUI
JURISPRUDENCE OF THE HIGH COURT OF CASSATION AND JUSTICE OF ROMANIA REFERRED TO THE SETTLEMENT OF LEGAL ISSUES AFFECTING THE FIELD OF URBAN PLANNING AND SPATIAL PLANNING

Summary/Abstract: Based on the procedure from art. 519-521 Code of Civil Procedure, the High Court of Cassation and Justice pronounces for the resolution of certain legal issues. From the many issues that the High Court of Cassation and Justice solves, I will make in the following an examination of jurisprudence of decisions with incidence in the field of spatial planning and urban planning, structuring the analysis in three parts: - the first two parts will include the preliminary decisions by which the applications were admitted and the issues of law raised were resolved (thirteen court decisions); in the first part I will mention decisions with direct incidence (including here the solutions given on the texts of Law no. 50/1991, Law no. 10/1995, Law no. 350/2001 or directly on urban works or landscaping), and in the second part I will refer to decisions with indirect impact (from broader areas that have an impact and in the special area now pursued); - the third part will contain references to the most relevant applications from the perspective of territorial planning and urbanism that were rejected (eleven court decisions), following the subsequent course of problems. Next to some solutions, I also inserted a Note, in which I commented on certain issues within the respective solution.

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