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Arguments For Declaring The Unconstitutionality Of Paragraph (1) Of The Sole Article Of The Government Emergency Ordinance No. 4/2012

Author

Listed:
  • Marta-Claudia Cliza

    (Faculty of Law, University of “Nicolae Titulescu†, Romania)

  • Laura-Cristiana Spataru-Negura

    (Faculty of Law, University of “Nicolae Titulescu†, Romania)

Abstract

The objective of this study is to present our arguments on the unconstitutionality of para. (1) of the sole article of the Government Emergency Ordinance no. 4/2012 on certain temporary measures to strengthen the regulatory framework necessary for the application of certain provisions of Title VII of the Law no. 247/2005 on the reform in the fields of property and justice, as well as certain related measures. Considering that the deprivation of the main and accessory effects of the right of ownership, guaranteed by the Romanian Constitution and established by law, requires an express regulation and cannot be a consequence of the interpretation of an unclear rule, we consider that the provisions of para. (1) of the sole Article of the aforementioned normative act does not comply with the constitutional requirements of precision, clarity and predictability, as they are liable to be applied contrary to the constitutional provisions protecting both the separation and balance of state powers and the main and accessory effects of the right to property.

Suggested Citation

  • Marta-Claudia Cliza & Laura-Cristiana Spataru-Negura, 2021. "Arguments For Declaring The Unconstitutionality Of Paragraph (1) Of The Sole Article Of The Government Emergency Ordinance No. 4/2012," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(Special I), pages 138-146, October.
    • Handle: RePEc:sja:journl:v:10:y:2021:i:special:p:138-146
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    More about this item

    Keywords

    unconstitutionality; GEO no. 4/2012; Law no. 247/2005; property rights.;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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