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Reconstituirea dreptului de proprietate privată asupra terenurilor între constituţionalitate, compatibilitate cu dreptul european şi invocarea directă a normelor CEDO

Restitution of Private Property Right on Lands between Constitutionality, Compatibility with European Law and Direct Invocation of ECHR Norms
[journal article]

Stefanescu, Beatrice

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Abstract In the context of internationalisation the national issues regarding the restitution of nationalised immovable goods in different stages of history, the subject at hand, represents a pioneering analysis of a complex national reality. Recent practice of Romanian courts has revealed a delicate problem that is apparently the object of debate and resolve of the national and international academic environment. Through the analysis the author tackles the problem of discrimination that is committed by the national law that regulates the matter of restitution of goods that were abusively taken over by the state, from the point of view of the theoretician, as well as the practitioner, pointing out the necessity of direct cooperation with the European courts. The negative discrimination, resulting from the art. 36 of 18/1991 law, can be analysed as an objective and rational justification that would allow the direct practice of the European convention of human rights concerning the litigations about "Land Act" (Law no. 18/1991)
Keywords right of ownership; discrimination; jurisdiction; legal norm; European Law; private property; human rights; Romania
Classification Law
Free Keywords restitution of property rights; negative discrimination; positive discrimination
Document language Other language
Publication Year 2013
Page/Pages p. 37-43
Journal Studii Europene (2013) 1
ISSN 2345-1041
Status Published Version
Licence Deposit Licence - No Redistribution, No Modifications