Protecţia dreptului de proprietate prin prisma convenției europene a drepturilor omului şi a jurisprudenței CEDO

Abstract

The topicality of the approached subject resides in the interest shown for the knowledge of the protection of the property right through the prism of the European Convention of Human Rights and of the jurisprudence of the ECHR. The inclusion of the right to property among the rights protected by the Convention indicates the undeniable importance of the right to property and the urgent need to protect it against any possible limitation, except in cases expressly provided by law and in case of public utility. However, the right to property is not absolute, being limited when the interests of society and the law require it. Therefore, in order to provide adequate protection, States Parties to the Convention must fulfill and comply with a number of positive and negative obligations under the rules of the Convention. Among the positive obligations we can highlight the obligation to create a national legislative framework, which would provide a precise and clear regulation in the field of property rights, thus establishing a minimum standard that states must comply with and below which they cannot lower the legal norm. The provisions of the Convention, however, do not prohibit the signatory states from raising the ceiling of this standard to a higher level, being welcome those draft laws or legislative acts that provide rules that are more effective, even if they exceed the rules of the Convention. The guarantee of the property right and its protection, incubates the negative obligation to the states, not to introduce in the legal framework norms that can favor the abuse on the part of the authorities, regarding the limitation of the property right. The level of protection of rights offered by the Convention encourages the legislators of the contracting states to elaborate such legal norms, which correspond to the standards imposed by the Convention, but without affecting the sovereignty of each state. As a result, a common legal framework is being created to streamline and harmonize European legislation, influencing the legislation of our country, in order to protect the human being from abuse of any kind by other individuals, legal entities or public authorities, even states.