Pregledni rad
https://doi.org/10.22598/iele.2022.9.1.6
REIMBURSEMENT OF VALUE OF EXPROPRIATED PROPERTY UNDER CZECH LAW IN LIGHT OF EUROPEAN LEGAL STANDARDS
Kateřina Frumarová
orcid.org/0000-0001-5886-1645
; Palacký University in Olomouc Faculty of Law, Olomoc, Czech Republic
Tomáš Grygar
orcid.org/0000-0002-8420-8743
; Palacký University in Olomouc Faculty of Law, Olomoc, Czech Republic
Sažetak
This article deals with the provision of reimbursement (restitution) of expropriated property, which is not only in the Czech Republic, one of the basic, obligatory, and constitutional legal conditions of expropriation. According to European requirements, the reimbursement of the value of the expropriated property should always be fair, and adequate, and should fully compensate for the damage caused to the person subject to the expropriation by the interference with his property rights. The basic research question of this article will therefore be, whether the Czech legislation and decision-making
practice meet European requirements as well. In means: Does the Czech regulation present a truly full-fledged replacement, respectively reimbursement for the damage caused by expropriation - both in terms of the types of reimbursement and the manner of determination of their amount? Reimbursement of the value of the expropriated property is obligatorily determined in expropriation proceedings based on an expert opinion. Several questions to be answered arise here too, such as ensuring the impartiality and objectivity of the expert valuation, or the method of resolving the collision of several expert opinions with different conclusions. Also, it is not always entirely clear which rights of third parties expire as a result of expropriation and for which ones it is appropriate to provide reimbursement. The aim of the following text will therefore be to analyze the current legislation and decision-making practice in the given field, in the context of European and Czech constitutional requirements, identify potential problematic aspects and formulate proposals for solutions de lege ferenda.
Ključne riječi
property right; expropriation; reimbursement; Czech Constitution, expropriation eosts
Hrčak ID:
280275
URI
Datum izdavanja:
12.7.2022.
Posjeta: 463 *