Elemente relevante în jurisprudenţa Curţii Europene a Drepturilor Omului cu privire la expropriere

drd. ANA-MARIA NICOLCESCU

Judecător - Tribunalul Gorj

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 law, attribution which is the responsibility of the national judge.

Keywords: asset; admissibility/inadmissibility; property right; expropriation;...