Expropriere. Calitate procesuală pasivă. Aplicarea legii în timp. Principiul neretroactivităţii legii. Principiul egalităţii de tratament

Abstract

Expropiation. The capacity to stand trial as respondent. Tempus regit actum principle. The non-retroactivity of the law. Equal treatment rule

The capacity to stand trial as respondent in the cases of challenges brought against the decision issued by the Comission for settling the statements of defense filed against the proposals to expropiate the lands required for carrying out public utility works is justified both for the County Council, as well as for (in our opinion) the County itself.

The validity of the Comission’s decision must be analysed by reference to the law in force as of its issuance date, having regard to the fact that the applicability of newly enacted laws to legal relations established prior to its entry into force would irreversably breach both the constitutional principle of non-retroactivity of the law and the principle of...