NATIONAL AND EUROPEAN JUDICIAL PRACTICE REGARDING THE CONCESSION AND SUPERFICIES AGREEMENTS, AS TOOLS FOR THE EXPLOITATION OF LANDS PRIVATELY OWNED BY THE STATE AND ADMINISTRATIVE-TERRITORIAL UNITS

As stated in the first part of this study (“National and comparative law regarding the concession and superficies agreements, as tools for the exploitation of lands privately owned by the State and administrative-territorial units”), often, local public authorities call for the establishment of superficies in favour of investors interested in building on the lands that are privately owned by administrative and territorial units.

While such a possibility is not expressly forbidden by the legislation, the Romanian Administrative Code seems to limit the ways of exercising the right of private property of the State/administrative and territorial units.

Thus, the most appropriate institution would seem to be that of the concession, which involves following the same arduous procedure as in the case of the public property of the State. Doctrinal and jurisprudential opinions are divided, but recent decisions of the Constitutional Court, but also of the Court of Justice of the European Union are a reference in the field and must be taken into account in practice, alongside with TFUE and European directives provisions.