Marta-Claudia Cliza

The objective of this study is to present our arguments on the unconstitutionality of para. (1) of the sole article of the Government Emergency Ordinance no. 4/2012 on certain temporary measures to strengthen the regulatory framework necessary for the application of certain provisions of Title VII of the Law no. 247/2005 on the reform in the fields of property and justice, as well as certain related measures. Considering that the deprivation of the main and accessory effects of the right of ownership, guaranteed by the Romanian Constitution and established by law, requires an express regulation and cannot be a consequence of the interpretation of an unclear rule, we consider that the provisions of para. (1) of the sole Article of the aforementioned normative act does not comply with the constitutional requirements of precision, clarity and predictability, as they are liable to be applied contrary to the constitutional provisions protecting both the separation and balance of state powers and the main and accessory effects of the right to property.