Control deplin de legalitate al actelor administrative emise în reglementarea şi organizarea unei exproprieri

Andreea MIHALACHE

Senior Counsel

Popescu & Asociaţii S.p.a.r.l.

Ana-Maria BULEA-CIURARU

Attorney-at-law

Popescu & Asociaţii S.p.a.r.l.

Full control of the legality of administrative acts issued in the regulation and organisation of an expropriation

Abstract

As an original means of acquiring public property rights, expropriation is an extremely powerful instrument at the disposal of state authorities, frequently used to carry out projects of national, county or local public interest, and is an essentially exceptional measure which requires a number of steps to be taken, including, first and foremost, justification of a public interest in terms of urgent need and expediency.

The expropriation procedure can be implemented under two fundamental conditions, namely the declaration and justification of a public utility and the granting of fair and prior compensation, conditions mentioned in the...