Relevant elements in the case law of the European Court of Human Rights with regard to expropriation Cover Image
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Elemente relevante în jurisprudența Curții Europene a Drepturilor Omului cu privire la expropriere
Relevant elements in the case law of the European Court of Human Rights with regard to expropriation

Author(s): Ana-Maria Nicolcescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: asset; admissibility/inadmissibility; property right; expropriation; reference causes.

Summary/Abstract: Having regard to the number of judgments delivered in the field of property and of expropriation against Romania by the European Court of Human Rights, it is necessary to present the relevant principles which this court has set out, principles which the national judge is bound to observe and to apply to concrete cases, in accordance with the provisions of Article 20 of the Constitution. The principles not correlated with actual examples would be devoid of content, therefore the presentation of the most important examples on the basis of the state of fact emphasizes the correct reasoning of the Court, the more so as it has a limited competence to verify the compliance with the domestic law1, attribution which is the responsibility of the national judge.

  • Issue Year: 2018
  • Issue No: 01
  • Page Range: 25-36
  • Page Count: 12
  • Language: Romanian