The Constitutional Court of Romania (CCR) is debating on Wednesday the referral submitted by President Nicusor Dan on the law regarding the use of the Black Sea beach.
In November last year, the head of state sent to the Constitutional Court a referral of unconstitutionality regarding the Law amending and supplementing Government Emergency Ordinance 19/2006 on the use of the Black Sea beach and the control of activities carried out on the beach, agerpres reports.
The normative act subjected to the constitutionality review establishes that the holder of the ownership right over the beaches must grant, free of charge, to local public administration authorities in localities bordering the Black Sea, at their request, a share of up to 20 percent of the surface of beaches used for tourism purposes that are located within their administrative-territorial area, with the destination of public beach.
The new legislative solution establishes the possibility for the holder of the ownership right over the beaches to grant, free of charge, to local public administration authorities in localities bordering the Black Sea, at their request, a share of up to 20 percent of the surface of beaches used for tourism purposes that are located within their administrative-territorial area, with the destination of public beach, the referral shows.
The holder of the ownership right is the state, as the seafront and the sea beach are included in the list of assets belonging to the public domain of the state, the referral mentions.
Nicusor Dan underscores that, in respect to the entities that would have the possibility to receive, free of charge, a share of up to 20 percent of the surface of beaches used for tourism purposes that are located within their administrative-territorial area, local public administration authorities do not have the capacity to receive such use, as they do not represent institutions of public utility.
Thus, the legislative solution aimed at granting, free of charge, to local public administration authorities in localities bordering the Black Sea a share of up to 20 percent of the surface of beaches used for tourism purposes runs counter to the provisions of Article 136 paragraph 4, final sentence, of the Constitution, as these entities do not represent institutions of public utility.
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