CEU Electronic Theses and Dissertations, 2014
| Author | Zvoda, Marián |
|---|---|
| Title | The Protection of the Right to Property in the Jurisdictions of the European Court of Human Rights, the Court of Justice of the European Union and the Constitutional Court of the Slovak Republic |
| Summary | The present thesis provides a comparison of the three approaches to the protection of the right to property in the jurisdiction of the European Court of Human Rights, the Court of Justice of the European Union and the Constitutional Court of the Slovak Republic. It does so mainly by examining the standards for justification for interference with the right to property and the compensation for deprivation of property within the three frameworks. One of the aims of the thesis is to examine the concept of multilevel protection of the individual right to property within the Slovak Constitutional Court and the two “European Courts” and to assess the effectiveness of such protection within the selected jurisdictions. The thesis mainly examines and analyzes the selected cases concerning the two abovementioned standards, which serve as a distinguishing factor within each jurisdiction. The evaluation of these two aspects reveals that the standard of protection clearly differs between the Court of Justice of the European Union and the other two courts. The main reason for this is that the Court of Justice of the European Union, as an institution of the European Union, is not able to provide an effective protection of right to property, being limited by the objectives of the European Union and its limited competence. Comparing to this, the European Court of Human has a well-established case law and provides an effective protection for this right. The Constitutional Court of the Slovak Republic is in general successfully following the approach of the European Court of Human Rights. This gives the European Court of Human Rights the position of standard creator in protection of the right to property, which the other two courts are pursuing, with a different level of success. The thesis also reveals how the problematic relation between the constitutional law and the Union Law might influence the protection of the right to property. |
| Supervisor | Bárd, Petra |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/zvoda_marian.pdf |
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