Open AccessPilot judgments of the European Court of Human Rights on structural problems in the property rights in eastern European States
Author(s) -
Елена Сафронова,
Tigran D. Oganesian
Publication year - 2020
Publication title -
acta scientiarum polonorum. administratio locorum
Language(s) - English
Resource type - Journals
eISSN - 2450-0771
pISSN - 1644-0749
DOI - 10.31648/aspal.5182
Subject(s) - convention , human rights , political science , law , legislation , property (philosophy) , law and economics , fundamental rights , relation (database) , sociology , computer science , philosophy , epistemology , database
The article examines the issues related to the impact of the ECtHR pilot judgments on improving the legal systems of Eastern European States in the field of property rights protection in accordance with article 1 of Protocol 1 to the European Convention on human rights. The subject of the study is the changes taking place in the legislation on property protection in Eastern European States due to the influence of pilot judgments. Special attention is paid to the relevant principles of property rights established by the case law of the ECtHR. A brief overview of some pilot regulations adopted in relation to Eastern European States is given; an assessment of the effectiveness of the general measures taken is given. The conclusion is substantiated that many structural problems in the field of protection of property rights of these States are largely related to the legacy of the Communist regime.