Review article
https://doi.org/10.30925/zpfsr.46.1.11
Constitutional Framework for Limitations on Property Rights in the Republic of Croatia
Mato Arlović
; Constitutional Court of the Republic of Croatia
*
* Corresponding author.
Abstract
The constitutional framework that regulates the right to property in the Republic of Croatia corresponds to that set in Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. These regulations consider the right to property in its interconnected relationship with constitutional and convention guarantees, as well as the obligation of property holders to contribute to the common good and / or the realisation of the general public interest through the use of this right, which is why it can be restricted and even ultimately expropriated. According to these regulations, the right to property is not absolute and can be limited (or taken away, under specific requirements stipulated by the Constitution and law for the protection of the general / public / interest). Any restrictions must be carried out in accordance with a stipulated procedure and accompanied by prescribed compensation, i.e. compensation to the owner for the restriction of their property rights. The author analyses the stated thesis on a theoretical level and supports them with the perspectives of both the Constitutional Court of the Republic of Croatia and the European Court of Human Rights.
Keywords
right to property; Constitutional Court of the Republic of Croatia; European Court of Human Rights
Hrčak ID:
330043
URI
Publication date:
15.4.2025.
Visits: 1.103 *