DESPRE NATURA ȘI REGIMUL JURIDIC ALE CERTIFICATULUI DE URBANISM. PE MARGINEA UNEI DECIZII A ÎNALTEI CURȚI DE CASAȚIE ȘI JUSTIȚIE PRONUNȚATE ÎN SOLUȚIONAREA UNUI RECURS ÎN INTERESUL LEGII (NR. 25 DIN 6 NOIEMBRIE 2017)

A decision pronounced for the settlement of an appeal in the interest of the law by the High Court of Cassation and Justice (No 25 of 6 November 2017) brings to attention the inadequate perception by the Romanian jurisdictions of the particularities of these administrative acts of urbanism and, consequently, the recourse to procedural artifices inappropriate for solving some problems arisen in practice. In this case, for the separate exercise of the control on the legality of the urbanism certificate „by which the prohibition to build has been ordered or which includes other limitations”, the right of access to justice has been invoked [Article 6 of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms], ignoring the legal nature of this act as individual urbanism administrative act that would, under certain conditions, have led to the same solution, but on another legal basis. In addition, it would be avoided the misconception that the certificate would order or that it would contain per se prohibitions/limitations of the right to build, this doing nothing else but take over, express and inform about the urban planning requirements included in the urbanism documentations.