The Right to Property in the Charter of Fundamental Rights of the European Union, Romania's National Legislation and the Case Law of the European Court of Human Rights
The Right to Property in the Charter of Fundamental Rights of the European Union, Romania's National Legislation and the Case Law of the European Court of Human Rights

Author(s): Cristina Ramona Duță
Subject(s): International Law, EU-Legislation, Court case
Published by: Scientia Moralitas Research Institute
Keywords: property rights; wrongful taking; Charter European Union;
Summary/Abstract: During the communist regime between 1945-1989, the Romanian state, through various normative acts, took over private property goods to establish collective property. After the fall of the communist regime, a series of normative acts were adopted to return wrongfully taken property to the owners. This article aims to analyze, with reference to the normative acts adopted after 1989 and the jurisprudence of the European Court of Human Rights, to what extent the Romanian State has succeeded in ensuring an efficient mechanism for the restitution of property confiscated or nationalized by the communist regime, implicitly respecting the right to private property.

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