Danubius International Conferences, 2nd International Conference The Danube - Axis of European Identity

The Right to Property in the Jurisprudence of the European Court of Human Rights

Adriana Pascan
Last modified: 2012-06-20


We are facing the challenge to comprehend the right to property and its limitations both from the perspective of the internal law as well as the incidental international law, observing and solving the possible conflicts between the two law systems. Protocol no. 1 at the European Convention for the protection of human rights and fundamental liberties titled “Protection of property” stipulates that any private or judicial person has the right to have its goods protected. No individual can be prejudiced from his property unless for a cause of public utility and under the conditions provisioned by law and the general principles of the international law. The national Constitution stipulates also that any individual can address to the justice for the defence of his legitimate rights, liberties and interests and no law has the ability to limit the exertion of this right. The principle of the free access to justice is consecrated by the Fundamental law and involves among others, the adoption by a legislator, of regulations used by the litigant parties to sustain and use their right to justice.