Kompenzacija i restitucija za zadiranja u svojinu u postkomunističkoj Evropi
Compensation and Restitution for Property Interferences in Post-Communist Europe

Summary/Abstract: This paper looks at the contribution which international standards are able to make to the resolution of these property disputes. It first considers the actual applicability of a guarantee of property rights to these disputes and the extent to which this might give rise to an obligation of restitution or compensation. Secondly it examines the human rights constraints on effecting any restitution where there is no obligation for this to be done but a political choice requiring it has been made. These include the need to respect the interests of persons currently in possession of the property subject to a restitution claim, as well as the requirements of the right to a fair hearing and the prohibition on discrimination. All of these can have a potentially significant impact on both the content of restitution measures and the procedure for their implementation. Overall international human rights norms have so far only required limited changes in the approach adopted towards restitution. Nevertheless the elaboration of their requirements has led to a somewhat clearer framework for handling these matters in the future.

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