Exproprierea în interes public între echitatea despăgubirii și eficiența administrativă: propuneri de reglementare [Articol]

Abstract

Expropriation for reasons of public utility represents one of the most significant ways in which the state intervenes in the sphere of private property rights, serving as a direct expression of the relationship between the public interest and the fundamental rights of citizens.In the Republic of Moldova, this institution is regulated by Law no. 488/1999, which sets out the general framework for expropriation. However, the lack of a detailed implementing regulation has generated considerable difficulties in the effective application of procedures, leading to divergent interpretations, prolonged litigation, and legal uncertainty.The aim of this article is to examine the delicate balance between the principle of fair compensation and the imperative of administrative efficiency in the matter of expropriation. On the one hand, fair compensation requires compliance with the constitutional right to a just and prior indemnity, which reflects the real value of the expropriated property and fully covers the damages suffered. On the other hand, administrative efficiency entails the ability of public authorities to carry out public utility works in an operational and transparent manner, without delays and unnecessary blockages.The analysis will start from the current legislative framework and highlight its shortcomings and ambiguities, with reference to concrete examples from national practice, such as energy and road infrastructure projects (the 400 kV Vulcănești–Chișinău power line, the Iași–Chișinău gas pipeline, the Zăgărancea bridge, etc.). In addition, best practices from comparative law will be discussed, with a focus on Romania’s experience, where detailed methodological rules have ensured the uniform and coherent application of the expropriation law.Finally, the article proposes a set of solutions and recommendations for the elaboration of a General Regulation on the mode of expropriation, aimed at strengthening the protection of private property rights, clarifying the responsibilities of authorities, and ensuring a real balance between the public interest and the patrimonial rights of the affected persons. In this respect, the research.