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March 16, 2023

Constitutional Court of Romania: Law of cadastre is unconstitutional

The Constitutional Court of Romania (CCR) admitted on Tuesday the notification regarding the Law of cadastre and real estate advertising, establishing that the normative act is unconstitutional, CCR sources told AGERPRES.

Deputies of the Save Romania Union (USR) and the Right Force Party notified the Constitutional Court regarding the amendments brought to the Law of cadastre, arguing that through these amendments Romanians’ properties are put in danger.

According to a USR release, the boundary agreement needed for the registration of the possession and then of the property in the land register, “could be signed by anyone who uses the land, even a renter or a tenant,” even against the interests of the owner.

Among the arguments invoked in the notification there is included the “flagrant breach” of article 44 of Romania’s Constitution regarding the right to a private property. Concretely, through an amendment brought to article 41 paragraph (3) letter c) point (i) of the Law of cadastre, persons who have neither the representation of the factual situation (in the field) nor that of the legal situation – the history of the property, of the borders, etc. were introduced as subjects who can conclude boundary agreement, “leading to registrations in the land register by more than 15pct, without the upper limit, than the area already registered, according to the documents,” the USR release mentions.

In the notification the breach of the principle of bicameralism is also invoked, taking into account that in the amendment draft of the Law of cadastre and real estate advertising was modified in the Chamber of Deputies “in such a way that there are major differences of legal content” between the form issued by the Senate and the one cleared by the Chamber of Deputies.

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