Romanian president challenges laws on beaches and protected areas

Romania's Constitutional Court is set to review two legal challenges brought forth by President Nicușor Dan concerning new legislation affecting the Black Sea coast and the country's protected natural areas. The president contends that certain provisions within these laws raise constitutional concerns and could potentially undermine environmental protection efforts.

The first challenge targets a law that modifies the government's emergency ordinance on the use of Black Sea beaches. The amended law permits owners of beach properties to grant up to 20% of their tourist-use beaches, free of charge, to local public administration authorities in adjacent coastal communities. These areas would then function as public beaches. President Dan argues this provision is unconstitutional, asserting that beaches and maritime foreshores are part of the state's public domain and that local authorities do not qualify as public utility institutions capable of receiving such land for free use.

His argument is rooted in Article 136, paragraph 4 of the Constitution, which outlines the legal framework for publicly owned assets. He believes the provision allowing local administrations to receive a portion of beach areas for public use contravenes this article.

The second challenge, also filed in November, concerns amendments to the law governing protected natural areas and environmental impact assessments. President Dan views this legislation as raising serious constitutional issues and conflicting with Romania's obligations as a European Union member state, particularly regarding biodiversity protection and the environmental impact of major investments.