Nicusor Dan. Photo source: Inquam Photos / Codrin Unici
President Nicușor Dan sent, on Tuesday, to the Constitutional Court a notice of unconstitutionality on the Law for the amendment and completion of the Government's Emergency Ordinance regarding the use of the Black Sea beach and the control of the activities carried out on the beach, reports Agerpres.
The law subject to constitutional review establishes that the owner of the property right of the beaches assigns for free use to the local public administration authorities from the Black Sea coastal towns, at their request, a share of up to 20% of the surface of the beaches used for tourist purposes that are located within their administrative-territorial radius, with the destination of a public beach.
The owner of the right of ownership is the state, as the cliff and the sea beach are included in the list of assets that belong to the public domain of the state, the notification states.
The head of state emphasizes that with regard to the entities that will have the opportunity to receive for free use a quota of up to 20% of the surface of the beaches used for tourist purposes that are located within their administrative-territorial radius, the local public administration authorities do not have the capacity to receive, as they do not represent institutions of public utility.
Thus, the legislative solution aimed at assigning for free use to the local public administration authorities from the localities along the Black Sea a quota of up to 20% of the surface of the beaches used for tourist purposes contravenes the provisions of article 136 paragraph 4, final sentence of the Constitution, as these entities do not represent institutions of public utility.
