President Nicusor Dan sent on Tuesday, to the Constitutional Court (CCR), an unconstitutionality notification regarding the Law amending and supplementing the Government's Emergency Ordinance on the use of the Black Sea beach and the control of activities carried out on the beach.
The law subject to constitutional review establishes that the owner of the property right of the beaches must assign for free use to the local public administration authorities in the Black Sea coastal localities, at their request, a quota of up to 20% of the surface of the beaches used for tourist purposes that are located within their administrative-territorial area, with the destination of a public beach.
The new legislative solution establishes the possibility for the owner of the property rights of the beaches to assign for free use to the local public administration authorities in the Black Sea coastal localities, at their request, a quota of up to 20% of the surface of the beaches used for tourist purposes that are located within their administrative-territorial area, with the destination of a public beach, the notification shows.
The owner of the property rights is the state, since the sea cliff and the beach are provided for in the list of assets that belong to the public domain of the state, the notification reads.
The president emphasizes that with regard to the entities that will have the possibility of receiving for free use a quota of up to 20% of the surface of beaches used for tourist purposes that are located within their administrative-territorial area, local public administration authorities do not have the capacity to receive, since they do not represent public utility institutions.
Thus, the legislative solution aimed at assigning for free use to local public administration authorities in localities bordering the Black Sea a quota of up to 20% of the surface of beaches used for tourist purposes contravenes the provisions of Article 136, paragraph 4, final sentence of the Constitution, since these entities do not represent public utility institutions.
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