Отнемането на собственост според европейската и конституционната съдебна практика
Deprivation of Property According to European and Constitutional Case Law

Author(s): Lyuba Panayotova-Chalakova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, EU-Legislation, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: property; public property; private property; types of property; public law; private law; expropriation
Summary/Abstract: The article attempts to systematize and compare the European and constitutional mechanisms for the protection of property today. The aim is to make a kind of parallel between the protection mechanisms in its withdrawal. This calls for an analysis of the practice in relation to Protocol 1 of the European Convention on Human Rights, as well as the enhanced protection afforded by the individual constitutional courts in the EU Member States. The formation of a broader view on the protection of property at the European level is useful for Bulgarian theory and practice. The article also attempts to outline some of the difficulties of including property in conventional provisions.However, it is a law with a strong economic significance, and economic rights are traditionally regulated in civil law sources. This situation also leads to a critical attitude towards the possibility of protecting at European level a national right as property. The article presents all three parts of Art. 1 of Protocol No. 1, which protects various aspects of property. The first norm protects the substance of the property, the second and the third refer to the applicable regime in the matter of expropriation and control over the use of the property. The European Court of Justice respects the rights of nation states by applying the texts of the Protocol, but in general its case law expands the scope of protection of property. At the national level, such a role is played by the constitutional courts.

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