Original scientific paper
INTERCONNECTION BETWEEN THE OWNER'S APPLICATION FOR RESTITUTION OF PROPERTY AND THE RIGHT TO RESPECT FOR HOME
Gabrijela Mihelčić
; Pravni fakultet Sveučilišta u Rijeci
Maša Marochini
; Pravni fakultet Sveučilišta u Rijeci
Abstract
In this paper, the authors discuss the methods by which the right to respect for home as guaranteed under Article 8 of the Convention has repercussions on the vindication complaint as regulated under the Croatian law. Significant differences concerning the object of the complaint are analysed and discussed, since under the Convention the concept of home has much broader meaning than the concept of property under the Croatian law. The authors analyse whether and up to what level the right to respect for home can be compared with the Croatian concept of dilatory exceptions. In relation to this question, the authors show how the determination of a complaint by an individual under Article 8 of the Convention necessarily involves a two-stage test. The first stage concerns the applicability of Article 8; in other words, is the right which an individual complains has been interfered with, a right to respect for home. If Article 8 is found to be applicable, the Court will question has there been interference with the applicant's right to respect for home. Finally, for this paper, the most relevant is stage two of the test where the Court questions was the interference in accordance with the law; does it pursue a legitimate aim and most importantly, was it necessary in a democratic society and proportionate?
Keywords
the owner's application for restitution of property; right to respect for home
Hrčak ID:
130786
URI
Publication date:
7.4.2014.
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