English
The surface right established on the public domain would be granted to a state higher education institution, for public use, without changing the destination or the owner of the property right, according to the draft amendment to the Higher Education Law, the Ministry of Education stated. The clarifications come after USR senator Ştefan Pălărie declared that some recently proposed amendments to the Education Laws will give free rein to real estate "cannons" worth hundreds of millions of euros, "similar to the real estate cannon" from Romexpo in favor of CCIR and openly supported by PNL . The Ministry of Education claims that the proposals to amend and supplement the provisions of art. 152 of the Higher Education Law no. 199/2023, with subsequent amendments and additions, took into account the following: the national strategic priorities determined both by the implementation of the volume of investments allocated from European funds through the Cohesion Policy 2021 - 2027 for the educational infrastructure, and by the implementation through the PNRR of the projects of public investments in education infrastructure; the situation of some lands in the public ownership of the Romanian state and in the administration of some public entities of the state or administrative-territorial units that can be used to implement projects with financing from non-reimbursable external funds that can contribute in the long term to the development of higher education and improving accommodation conditions for students; avoiding the risk of suspension of the funds allocated by the PNRR and by the Cohesion Policy 2021 - 2027 for higher education institutions; supporting the efficient management process of the heritage owned by the Romanian state; the request of the University of Medicine and Pharmacy "Carol Davila" Bucharest, which wants to implement several projects financed from non-reimbursable funds with the object of developing its own infrastructure.
The Ministry of Education reminds that the granting of surface rights over some land in the public domain of the state to local public authorities, inter-community development associations or legal entities under public law is regulated by a series of normative acts in force. Among them are GEO no. 171/2022 for speeding up the implementation of infrastructure projects financed from non-refundable external funds, as well as for the modification and completion of some normative acts, with subsequent modifications and additions, Art. 4 letter j) of Law no. 268/2001 regarding the privatization of the companies holding under management public and private lands of the state with agricultural destination and the establishment of the State Domains Agency, as amended and supplemented by GEO no. 91/2023 regarding some measures related to the exercise of the state's public and private property rights, as well as to the efficient administration of state properties, as well as to the modification and completion of some normative acts. "In conclusion, the amendments to the Higher Education Law no. 199/2023, with the subsequent amendments and additions, create the legal framework so that the state higher education institutions benefit from this right. The text of the proposed addition refers to the higher education institutions of state, the surface right being established from state to state. In this sense, the provisions of paragraph (10) of art. 152 clearly regulate the right of private higher education institutions to their own patrimony", states the Ministry of Education.
Senator Ştefan Pălărie argued that in the new Emergency Ordinance prepared by the Ministry of Education, Ligia Deca includes in the Education Laws a component of the right to private property among the subjective rights that universities will be able to have over the public domain, which will allow some universities to build what they want, without restrictions, on land they do not own.
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