Georgică Giurgiucanu, figură cunoscută în Dosarul Retrocedărilor din Constanța, unde a fost condamnat, a contestat din nou pierderea unui teren din Mamaia, zona Cazino, în favoarea municipiului. Deși a pierdut inițial la Tribunal din cauza unei erori procedurale, Giurgiucanu a depus recurs la Curtea de Apel Constanța, unde speră să obțină rejudecarea cauzei.
Terenul în litigiu reprezintă o cotă de 47,05% din suprafața totală de 3.696 mp, situată pe bulevardul Mamaia nr. 355 A. Giurgiucanu dobândise terenul în 2022, însă prin Hotărârea 437/2022 a Consiliului Local Constanța, terenul a fost inclus în inventarul domeniului privat al municipiului.
Motivul erorii la Tribunal a constat în faptul că Giurgiucanu a acționat în instanță împotriva UAT Constanța, considerând-o responsabilă pentru anularea hotărârii de Consiliu. Tribunalul a stabilit că Giurgiucanu trebuia să dea în judecată direct Consiliul Local Constanța, ca emitent al actului contestat.
Dosarul a fost repartizat Secției de Contencios Administrativ și Fiscal a Curții de Apel Constanța. Judecătorul Teodora Luminița Popescu va analiza recursul și va stabili dacă terenul va fi restituit lui Giurgiucanu.
Decizia Curții de Apel va fi definitivă, nefiind supusă altor căi de atac.
Contextul retrocedărilor din Constanța este relevant pentru acest caz. Curtea Supremă de Justiție a anulat mai multe retrocedări din dosarul 6536/2/2008, incluzând și terenuri din Mamaia. Dispoziția 1344/2004, semnată de fostul primar Radu Mazăre, prin care se soluționa o revendicare a lui Giurgiucanu, a fost de asemenea anulată.
Terenul din Anadalchioi este un alt element important al litigiului. Prin notificarea nr. 3646/2001, Giurgiucanu solicita retrocedarea a 98,66 hectare din cartierul Anadalchioi. Deși restituirea în natură nu a fost posibilă, Giurgiucanu a primit 44 de imobile în compensare, printre care se numără și terenul din Mamaia aflat acum în dispută.
Georgică Giurgiucanu a fost condamnat, în Dosarul Retrocedărilor, la 5 ani și 6 luni de închisoare, alături de Aurel Jean Andrei, la data faptei notar public, la pedeapsa de 2 ani de închisoare cu suspendarea executării pedepsei pe durata unui termen de încercare de 4 ani. Bineînțeles, în dosar au fost mai multe persoane condamnate, printre care și Radu Mazăre, dar și Nicușor Constantinescu. Însă, în speța de față vorbim de primii doi, întrucât au depus acțiuni la Înalta Curte de Casație și Justiție, mai exact un recurs în casație împotriva deciziei din februarie 2019, atunci când au fost condamnați.
Judecătorii de la Curtea Supremă au decis, pe 6 martie: „Respinge, ca inadmisibile, cererile de recurs în casaţie formulate de inculpaţii Giurgiucanu Georgică şi Andrei Aurel Jean împotriva Deciziei nr. 32/A din data de 07 februarie 2019, pronunţate de Înalta Curte de Casaţie şi Justiţie – Secţia penală în Dosarul nr. 6536/2/2008. Obligă recurenţii inculpaţi la plata sumei de câte 200 lei, cu titlu de cheltuieli judiciare către stat. Definitivă. Pronunţată în şedinţă publică, astăzi, 06 martie 2024“, potrivit minutei judecătorești.
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