Detailed urban plan – between specific regulation and uncertain legal nature
DOI:
https://doi.org/10.55516/ijlso.v3i1.144Keywords:
detailed urban plan, Law no. 350/2001, individual administrative act, normative administrative act, national jurisprudence, town planning.Abstract
Spatial planning and town planning are regulated in the provisions of Law no. 350/2001 and have as their basic purpose the establishment at a centralized level of a unitary framework for the development and planning of all construction, reconstruction and restructuring works.
The detailed urban plan is a frequently encountered urban design tool in the field of territorial planning, and obtaining it is required in some situations precisely to respect the need for public safety and security, being a concrete application of the elements of the local urban planning regulation.
Although it is classified as a specific regulation, the detailed urban plan does not enjoy a coherent and predictable legal framework, the proof of this fact being the extensive jurisprudential discussions regarding the legal nature of this administrative act, and the objective of this paper is to analyze the legal incidents and national jurisprudence provisions to answer the question of whether the determination of the legal nature of the detailed urban plan can affect the imperative of public safety and security of legal relations.
References
Normative acts
Law no. 350/2001 amended, published in the Official Gazette of Romania no. 373 of 10.07.2001;
Law no. 51/1991 republished, published in the Official Gazette of Romania no. 933 of 13.10.2004;
Law no. 151/2019, published in the Official Monitor of Romania no. 623 of 26.07.2019;
Law no. 554/2004 of the administrative litigation, published in the Official Gazette of Romania no. 1154 of 07.12.2004;
The Methodological Norms of 2016 for the application of Law no. 350/2001, published in the Official Gazette of Romania no. 199 of 17.03.2016.
Monographs and articles
Bogdan Dima, Proceduri administrative necontencioase, Ed. C.H. Beck, Bucureşti, 2021;
Tudor Drăganu, Actele de drept administrativ, Ed. Ştiinţifică, Bucureşti, 1959;
Antonie Iorgovan, Tratat de drept administrativ, vol. II, ed. a 4-a, Ed. All Beck, Bucureşti, 2005;
Gaston Jèze, Cours de droit public. 1912-1913 (licence), M. Giard & E. Briere Libraires-Editeurs, Paris, 1913;
Ovidiu Podaru, O problemă simplă, complicată de jurisprudență: natura juridică a documentațiilor de urbanism (PUG, ZUP, DUP), în SUBB nr. 1/2020, Cluj University Press;
Ovidiu Podaru, Drept administrativ. Vol. I. Actul administrativ (I). Repere pentru o teorie altfel, Ed. Hamangiu, Bucureşti, 2010;
Jurisprudence
Decision no. 12/2021 of the High Court of Cassation and Justice, the Panel for resolving the appeal in the interest of the Law, published in the Official Gazette no. 933 of September 30, 2021;
Decision no. 1718/2013 of 26.02.2013 pronounced by the High Court of Cassation and Justice in appeal by the Administrative and Fiscal Litigation Section;
Civil sentence no. 1988/2022 of 15.07.2022 of the Cluj Court, Mixed Section of Administrative and Fiscal Disputes, labor conflicts and social insurance;
Civil decision no. 625/2023 dated 03.05.2023 of the Cluj Court of Appeal, Section III Administrative and Fiscal Litigation;
The civil settlement of 21.04.2023 of the Cluj Court, Mixed Section for Administrative and Fiscal Litigation, Labor Disputes and Social Insurance;
Civil sentence no. 169/CA/2023 of 29.06.2023 of the Oradea Court of Appeal, Administrative and Fiscal Litigation Section;
Decision no. 207/R of 04.05.2023 of the Târgu Mureş Court of Appeal, Second Civil Section, Administrative and Fiscal Litigation;
Minutes of the meeting of the presidents of the specialized sections of the High Court of Cassation and Justice and the courts of appeal dedicated to the unification of judicial practice in the field of administrative and fiscal litigation from May 5-6, 2022.
Electronic sources
Rejust.ro;
Iccj.ro;
Sintact.ro;
Law.ubbcluj.ro.
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