Hotărâre de dare în administrare a imobilelor în care funcţionează unităţile de învăţământ preuniversitar de stat, în lipsa operaţiunii prealabile de inventariere anuală. Nelegalitate

Decision to hand over the administration of the buildings where state pre-university education establishment operate, in the absence of a prior annual inventory. Illegality

Abstract

Art. 299 and subsequent of the Adm. Code do not make direct reference to the provisions of art. 289 on the inventory of goods in the public domain of administrative-territorial units.

However, based on the teleological (taking into account the purpose of the law) and systematic (based on the corroboration of the legal texts in such a way that their interpretations are reconciled) interpretation of the legal provisions mentioned, it is found that the annual inventory of the public property of the territorial administrative unit must be carried out prior to the transfer of the property into administration.

In practice, one of the...