PROTECTION OF THE RIGHT OF PROPERTY AND DE FACTO EXPROPRIATION ACCORDING TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RITGHTS
PROTECTION OF THE RIGHT OF PROPERTY AND DE FACTO EXPROPRIATION ACCORDING TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RITGHTS

Summary/Abstract: The right of property represents one of man’s fundamental rights. It is the state that must guarantee and ensure the protection of the fundamental rights; however, it is mostly the state that trespasses these fundamental land rights in the name of the general interest. With the enactment of the Protocol No 1 on the occasion of the European Convention for the Protection of the Human Rights and Fundamental Freedoms, the right of property became a fundamental right at European level. Thus, it emerged a new manner of over controlling of the way the states parties of the Convention understand to protect and respect this fundamental right. The interpreting and the enforcing of the Article 1 of the Protocol 1 referring to the ensuring of the right of property fell under the responsibility of the European Court for Human Rights (ECHR). The decisions of the European Court for Human Rights are mandatory for the member states of the European Union, their analysis being of particular importance in this context, all the more so as, Romania is one of the countries with the highest number of convictions, especially for violating the Article 1 of Protocol No 1regarding the right of property.

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