EXPROPRIATION AS A LEGAL INSTITUTE IN THE ADMINISTRATIVE LAW OF THE REPUBLIC OF SERBIA
EXPROPRIATION AS A LEGAL INSTITUTE IN THE ADMINISTRATIVE LAW OF THE REPUBLIC OF SERBIA
Author(s): Dragan B. Cvetković, Zoran JerotijevićSubject(s): Civil Law, Human Rights and Humanitarian Law, Comparative Law, Administrative Law
Published by: Evropski defendologija centar za naučna, politička, ekonomska, socijalna, bezbjednosna, sociološka i kriminološka istraživanja
Keywords: expropriation; public interest; compensation; right to property; de facto expropriation; administrative procedure;
Summary/Abstract: Expropriation is one of the most complex institutes of administrative law, in which two fundamental legal principles collide: the protection of private property rights and the realization of the public interest. In the Republic of Serbia, this institute is regulated primarily by the Law on Expropriation of 1995, with subsequent amendments, as well as by constitutional guarantees which ensure that no citizen may be deprived of immovable property without a legal basis and without compensation that may not be lower than the market value. This paper analyses the legal nature, types, prerequisites of legality, procedure and compensation in expropriation proceedings under Serbian law, with reference to European standards for the protection of property under Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Particular attention is devoted to the institute of de facto expropriation, which has been developed by judicial practice and which represents a significant expansion of the legal protection of owners of immovable property.
Journal: DEFENDOLOGIJA
- Issue Year: 30/2026
- Issue No: 57
- Page Range: 107-123
- Page Count: 17
- Language: English
