Pilot judgments of the European Court of Human Rights on structural problems in the property rights in eastern European States Cover Image

Pilot judgments of the European Court of Human Rights on structural problems in the property rights in eastern European States
Pilot judgments of the European Court of Human Rights on structural problems in the property rights in eastern European States

Author(s): Elena Safronova, Tigran Oganesian
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: protection of property; pilot judgment; structural problem; case-law of the ECtHR;

Summary/Abstract: The article examines the issues related to the impact of the ECtHR pilot judgments on improving the legal systems of Eastern European States in the field of property rights protection in accordance with article 1 of Protocol 1 to the European Convention on human rights. The subject of the study is the changes taking place in the legislation on property protection in Eastern European States due to the influence of pilot judgments. Special attention is paid to the relevant principles of property rights established by the case law of the ECtHR. A brief overview of some pilot regulations adopted in relation to Eastern European States is given; an assessment of the effectiveness of the general measures taken is given. The conclusion is substantiated that many structural problems in the field of protection of property rights of these States are largely related to the legacy of the Communist regime.

  • Issue Year: 19/2020
  • Issue No: 2
  • Page Range: 97-107
  • Page Count: 11
  • Language: English