Requirements of the International Public Law and the European Convention on the Protection of Human Rights for the Restitution of
Confiscated Ecclesiastical Property in Romania
Requirements of the International Public Law and the European Convention on the Protection of Human Rights for the Restitution of
Confiscated Ecclesiastical Property in Romania
Author(s): Johannes WasmuthSubject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Scientia Kiadó
Keywords: international law of expropriation; confiscations; European Convention on the Protection of Human Rights; agreements between the state and the churches
Summary/Abstract: 1. Guarantees of the international law of expropriation and of the European Convention on the Protection of Human Rights are generally not applicable to confiscations by the communist and the fascist regime in Romania.2. The Romanian restitution legislation, however, has to comply with the European Convention on the Protection of Human Rights. Therefore, it has to ensure in particular an effective return of confiscated assets.3. The specific situation of the churches in Romania and the variety of their confiscated property make it seem sensible to regulate their return by special agreements between the state and the churches.
Journal: Acta Universitatis Sapientiae, Legal Studies
- Issue Year: 4/2015
- Issue No: 1
- Page Range: 139-151
- Page Count: 13
- Language: English