Part IV

Dana APOSTOL TOFAN, Professor, Ph.D., Faculty of Law, University of Bucharest, “Access to the courts in the field of urban planning”

This paper offers an overview of the avenues for access to justice in the field of urban planning, an area that—especially after 1989—has become increasingly comprehensive in Romania. Urban planning law represents a new branch of law that has evolved from administrative law. In recent decades, as a result of the growth of the construction sector in both urban and rural areas, urban planning law has gained prominence and become increasingly important. This paper examines the main provisions of Law No. 2/2001 on Local Public Administration, as republished, regarding the powers of local councils and mayors with respect to land-use planning and urban planning. The essential element of this paper concerns the possibilities recognized by the Romanian Constitution or by law for ensuring administrative oversight of compliance with legal provisions in the field of land-use planning and urban planning.

Keywords: urban planning law, local council, mayor, county council president, building permit, prefect, legality review, administrative litigation