The Compensation Mechanism of Expropriated Pursuant to the Law No. 255/2010. Vulnerabilities and Possible Solutions
The Compensation Mechanism of Expropriated Pursuant to the Law No. 255/2010. Vulnerabilities and Possible Solutions

Author(s): Ioan Paraschiv
Subject(s): Law on Economics, Sociology of Law, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: expropriation; entitled persons; persons affected by expropriation; compensation mechanism;
Summary/Abstract: The objective of the study is to analyse the compensation mechanism for the persons affected by the expropriation procedure necessary to achieve the objectives of national interest, according to Law no. 255/2010, highlighting its deficiencies and possible legal remedial solutions. The analysis carried out was based on the deductive method and essentially reveals the fact that in order to respect and strengthen the constitutionally regulated pillars of the compensation mechanism within the expropriation procedure regulated by Law no. 255/2010, respectively of the "just" and "preemptive" character of the compensation of the affected persons, a legislative reform in the field of expropriation is necessary to provide the expropriators with the modern legal instruments, necessary for the fair establishment of compensation even from the administrative phase of the expropriation procedure, with the consequence of increasing confidence in the state institutions that act as expropriators or representatives of the expropriator, relieving the state budget of additional expenses and the courts of disputes that can be prevented.

• Details
• Contents