Situaţii atipice în care Curtea Europeană a Drepturilor Omului tratează trecerile din proprietatea privată în domeniul public

Roxana Rizoiu

Formator Institutul Naţional al Magistraturii

Atypical situations in which the European Court of Human Rights deals with transfers from private to public ownership

Abstract

The treaty system for the protection of (private) property rights has analysed transfers from private to public ownership in particular from the point of view of the second sentence, and then imposed, as a matter of principle, the need for adequate compensation to compensate the owner for the loss suffered. The same principle was later extended to the analysis on the first sentence of the article. Many of the applications of this institution may seem exotic or unnatural to the Romanian jurist, but the jurisprudence of the Court has made these categorisations (which have evolved over time) with the aim of protecting property rights as effectively as possible, with the few resources of...