Реституцията в практиката на Европейския съд по правата на човека
Restitution in the Practice of the European Court of Human Rights

Summary/Abstract: The article studies the problem of Eastern European restitution as it has appeared before the European Court of Human Rights in Strasbourg. The main topics examined are: — Is Art.1 of Protocol № 1 to the ECHR applicable to cases of Eastern European restitution? — Restitution and the requirement of “existing possessions” — The development of the Strasbourg case law regarding the “legitimate expectation” in case of restitution claims — Is it mandatory to respect the requirements for property rights protection in case of restitution and why? Despite the initial hesitance of the European Court of Human Rights to deal with restitution cases in Eastern Europe, reality has imposed a certain evolution in its case law. The Court can not avoid taking position on such a fundamental problem related to the property reform in Eastern Europe as restitution. The further development of the European Court of Human Rights case law as well as the coming into force of new protocols to the ECHR will certainly offer additional and concrete opportunities for people claiming restitution in Eastern Europe to see their rights protected.

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