CONSIDERAȚII PRIN PRISMA JURISPRUDENȚEI CURȚII EUROPENE A DREPTURILOR OMULUI PRIVIND ACȚIUNEA ÎN REVENDICAREA IMOBILELOR PRELUATE DE STAT ÎN PERIOADA
CONSIDERATIONS IN TERMS OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS REGARDING THE ACTION FOR THE RECOVERY OF PROPERTY SEIZED BY THE STATE...

Summary/Abstract: Following the decision no. XXXIII/2008 of the High Court of Cassation and Justice admitting the second appeal for the benefit of law regarding the actions based upon the common law provisions, having as subject matter the recovery of property abusively seized during 6 March 1945-22 December 1989, filed subsequent to the coming into force of Law no. 10/2001, given the solution chosen by the High Court and, especially, the reasons for the above-mentioned decision, knowledge of the case law of the European Court of Human Rights in this matter becomes a requirement. For this purpose, this study aims at examining, in terms of the Court’s case law, in relation to art. 6 paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, an article guaranteeing the right to a fair trial and art. 1 of the First Protocol additional to the Convention, a text guaranteeing the protection of property, the consequences of the decisions issued by the domestic courts either regarding the admissibility of the action for recovery based upon common law, or regarding the settlement of such actions on merits.

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