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

Cristina Ramona Duta ()
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Cristina Ramona Duta: Ovidius University of Constanta, Romania

Scientia Moralitas Conference Proceedings from Research Association for Interdisciplinary Studies

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.

Keywords: property rights; wrongful taking; Charter of Fundamental Rights of the European Union; Hauer v. Germany; Maria Atanasiu v. Romania (search for similar items in EconPapers)
Pages: 7 pages
Date: 2024-02
New Economics Papers: this item is included in nep-tra
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Published in the Scientia Moralitas Conference Proceedings, February 15-16, 2024, pages 72-78

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Persistent link: https://EconPapers.repec.org/RePEc:smo:scmowp:01286

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