The Effects of the Decisions of the European Court of Human Rights on the Property Laws concerning Abused Property during the Communist Regime

Abstract

The way in which the reparative laws regarding damages caused by the interference with private property rights were applied during the communist period, does not ensure predictability for the efficient and fair compensation of injured persons, who, in the context of abundant legislation, are forced to continue to refer to the ECtHR. ECtHR rulings produce effects on domestic law and national jurisprudence, by obliging the state authorities to effectively adopt reparative measures, hence the provisions of art. 1 of Protocol no. 1 to the Convention and art. 46 of the Convention.