INVENTORY OF PUBLIC GOODS. CURRENT REGULATION AND NORMATIVE PERSPECTIVES

The Romanian Constitution of 1991, revised in 2003, does not explicitly regulate the notion of a public domain. The core of the regulation of this notion is found in several normative acts regarding the land fund, the local public administration or the public property. Public goods have a derogatory legal regime from common law based on the general public interest that the administration has the mission to accomplish. Generally, Article 860 paragraphs (1) - (2) of the Civil Code provides that the public goods belong to the national, county or, where appropriate, local public domain, and the appropriate delimitation is made under the law. The public administration authorities have the obligation to draw up and update the inventory of goods in the public domain in accordance with the provisions of Articles 20-21 of Law no. 213/1998 on public property. The inventory procedure differs depending on the category of the public domain and the authority that centralizes the inventory. In the case of the inventory of goods in the public domain of the administrative-territorial units, it is also necessary to adopt a Government decision certifying the belongingness of the goods to the county or local public domain. The draft of the Administrative Code brings important changes in the procedure for inventorying the goods in the public domain of the administrative-territorial units by eliminating the requirement of attestation by a Government decision. The article analyzes the current regulation of the inventory procedure for public goods and the impact of the changes envisaged by the adoption of the Administrative Code of Romania draft