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Expropriation and protection of private property: Analysis of the recent applicable law in Kosovo in relation to international standardsHaxhi GashiExpropriation and protection of private property

Haxhi Gashi

SEER Journal for Labour and Social Affairs in Eastern Europe, 2016, vol. 19, issue 2, 153-170

Abstract: The right to private property is guaranteed by international acts and domestic laws from the arbitrary intervention of state bodies. Private property may be assumed only in the public interest and under the conditions specified by law. In Kosovo, this right is guaranteed by the Constitution and special laws in the field of ownership. This article analyses the legal foundation in Kosovo from the angle of practice within the European Court of Human Rights. Our analysis is focused specifically on scrutinising the 2009 Law on the Expropriation of Immovable Property, as amended in 2010. The article concludes that this law provides a legal foundation which satisfactorily guarantees the right to property. Nevertheless, the Law requires significant experience in its implementation due to the numerous deadlines and procedures which need to be interpreted in logical connection with the Law’s different strands. The article concludes with recommendations aimed at highlighting the measures of caution of which the law enforcement authorities need to be aware when implementing the Law.

Date: 2016
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