Ограничаване на правото на собственост в практиката на Европейския съд по правата на човека
Restriction on the Right of Ownership the Case Law of the European Court Of Human Rights

Summary/Abstract: The right to inviolable private property is a fundamental right of citizens and must be protected at national level in compliance with International Law and European Law. The implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms is crucial. The case law of the European Court of Human Rights in Strasbourg highlights the need for a ‘fair balance’ between individual rights and the public interest in imposing restrictions on rights at national level. Property rights are part of a comprehensive approach to the protection of human rights and are considered in relation to civil and political rights. There is a specific relation between the right to property and the right to a fair trial. The establishment of state fees and the determination of attorneys’ fees as court costs are considered by the European Court of Human Rights as a restriction on the right to property. In legal theory and practice, these problems are defined as the ‘price of justice’ - a fair balance between the impact of property and the functioning of the rule of law. Of great importance in this regard is the Case of the National Movement ‘Ecoglasnost’ against Bulgaria, subject to presentation and analysis in the exhibition. The issue is refracted through the prism of the need to deepen legal and economic research and the effectiveness of law.

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