CCR was debating the notification of President Nicuşor Dan on the law regarding the use of the Black Sea beach. What are the president's objections?
The Constitutional Court is debating, on Wednesday, the referral of President Nicușor Dan regarding the law that allows the free assignment of some areas from the Black Sea beaches to local authorities, a normative act considered unconstitutional by the head of state.
The complaint of unconstitutionality formulated by Nicuşor Dan reached the CCR. PHOTO: Mediafax
The Constitutional Court of Romania (CCR) meets on Wednesday, January 21, to analyze the referral made by the President of Romania, Nicușor Dan, regarding the law regulating the use of the Black Sea beach.
The notification of unconstitutionality was sent to the CCR in November of last year and concerns the Law for the amendment and completion of the Government Emergency Ordinance no. 19/2006, normative act that establishes the legal framework regarding the use of Black Sea beaches and the control of the activities carried out on them.
The contested law stipulates that the Romanian state, as the owner of the property right over the beaches, can assign for free use to the local public administration authorities from the localities bordering the Black Sea, at their request, a share of up to 20% of the surface of the beaches used for tourist purposes, located within the administrative-territorial radius of each administrative-territorial unit. The surfaces assigned in this way would be used as a public beach, notes Agerpres.
Nicusor Dan's objections
In the motivation of the notification, the president Nicușor Dan shows that this legislative solution introduces the possibility of free transmission of some goods that belong to the public domain of the state to the local authorities, a measure that, in his opinion, violates the constitutional provisions.
The head of state emphasizes that the Black Sea beaches and the seafront are part of the public domain of the state, according to the legislation in force, and the property right over them belongs exclusively to the Romanian state. In this context, the free assignment of some areas of these assets is allowed by the Constitution only under certain conditions.
According to Nicușor Dan, local public administration authorities cannot benefit from such an award, because they do not fall under the category of public utility institutions, as defined by the Constitution. Therefore, they do not have the legal capacity to receive free use of goods from the public domain of the state.
In conclusion, the President of Romania believes that the legislative solution that allows local authorities to be assigned a share of up to 20% of the surface of the beaches used for tourist purposes contravenes Article 136 paragraph (4), the final sentence of the Constitution, which is why he requests the Constitutional Court to declare the law unconstitutional.
