The Legal Regime of the Right to Administrate Public Property

Author:Vasilica Negrut
Position:Professor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati
Pages:25-31
SUMMARY

The traditional institutions for administrative law, public property and the public domain have been the subject of numerous specialized papers from the interwar period. After 1990, the two institutions were discussed in light of the new legislative rules. Within this article we propose to analyze, based on the distinction between the notions of public property and public domain, the legal regime ... (see full summary)

 
FREE EXCERPT
Legal Sciences in the New Millennium
25
The Legal Regime of the Right
to Administrate Public Property
Vasilica Negru
1
Abstract: The traditional institutions for administrative law, public property and the public domain have been
the subject of numerous specialized papers from the interwar period. After 1990, the two institutions were
discussed in light of the new legislative rules. Within this article we propo se to analyze, based on the
distinction between the notions of public property and public domain, the legal regime of the right to
administrate as sets of public property. Is this a real right appropriate for public property or just a simple
competence of administration and management of public domain assets? Analyzing and comparing the
opinions, the arguments expressed by specialists and the current legislation in this area, we conclude that th e
administrative right is a real right suitable for public property.
Keywords: public domain; public property; private property; the right to administration
1. Introduction
The New Romanian Civil Code, which entered into force in 2011, has led to changes in the sphere of
public property the traditional notion for administrative law.
As shown in the specialized literature (Blan, 2007, p. 64), the right to property has occurred at a
certain stage of development of the society, when the economic relationship of property has received
its features in legal form, the appropriation of material assets ha s become a right of ownership, of
approa ching, established and maintained by the coercive state power.
The right to property, a fundamental right guaranteed to citizens, represents that real right that
grants to the holder the attributes of possession, use and disposal, attributes that only it can be
exercised in its plenitude, in its own power and interest. (Pop & Harosa, 2006, pp. 78 and the next)
The right to property has two forms, the right to public property and the right to private property, as
stipulated in the Constitution of Romania [article 136 par. (1)].
The existence of multiple forms of ownership is established by the constitutions of other European
countries such as Italy (article 42)2 and Spain (article 33)3.
Between traditional institutions of administrative law, which led to controversy in the specialized
literature is that of public domain (Vedinaş, 2009, p. 143). The Constitution of Romania establishes
1 Professor, PhD, Dean of Faculty of Law, “Danubius” University of Galati, Address: 3 Galati Boulevard, 800654 Galati,
Romania, Tel.: +40.372.361.102, Fax: +40.372.361.290, Corresponding author: vasilicanegrut@univ-danubius.ro.
2 “The property is public or private. The economic assets belong to state, institutions or legal entities.” (The Constitution of
the Italian Republic, 1998)
3 “It recognized the right to private property and inheritance.” And according to article 132 paragraph (1) “The law regulates
the legal regime of assets belonging to public domain and villages, based on principles of inalienability, imprescriptibilit y
and imperceptibility, as their decommissioning.” (The Spanish Constitution, 1998).

To continue reading

REQUEST YOUR TRIAL