CAN THE VIEW WINDOW AND THE BALCONY FACING THE NEIGHBOUR’S PROPERTY VIOLATE THE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE?
CAN THE VIEW WINDOW AND THE BALCONY FACING THE NEIGHBOUR’S PROPERTY VIOLATE THE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE?

Summary/Abstract: The fundamental rights legal area is built predominantly on abstract provisions, to which the State must ensure effectiveness. While this task is a clear and precise one from the point of view of the negative and positive obligations of the State, namely to refrain from a conduct which may infringe one right and to provide the necessary framework for the exercise of another right, the courts have a much more complex task of resolving the conflict between two fundamental rights. This is the case of the view window, which has been regulated by the legislator, but this regulation has often proved to be insufficient to ensure that the right to respect for the private and family life of neighboring owners is not infringed. In this study, we will analyze the limits on the right to private property design to ensure compliance with the right to respect for private life of neighboring owners and how the courts balance the two rights.

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