CEU Electronic Theses and Dissertations, 2015
| Author | Skale, Orhideja |
|---|---|
| Title | The ECtHR standards before the Constitutional Courts: Ballancing rent-control and property rights in Poland, Croatia and Slovenia |
| Summary | In the early 1990's Eastern European countries underwent a series of political and social changes which were meant to facilitate their transition from planned economy and single- party rule to capitalism and democracy. One of the most peculiar features of the old regime was the housing system which was administered by the State under various special tenancy schemes. The subsequent reforms were of great importance and carried significant implications for a very large number of citizens. This thesis will focus on three post-communist countries – Poland, Croatia and Slovenia. During the communist period, some flat owners were forcefully deprived of their flats and special tenancy schemes were established in favour of third parties in relation to those flats. After the changes of the early 1990's, it seemed only logical that the newly democratic states would introduce legislation to fully remedy the injustice done to the „previous owners“, in terms of allowing the (previous) owners to freely use and rent out the flats at market price. For a number of reasons, some legislators chose to retain the status quo or just create the illusion of change by using new terminology. When the „previous owners“ eventually took their cases to Strasbourg (Hutten-Czapska v. Poland and Statileo v. Croatia ), the European Court of Human Rights (ECtHR) found a violation of Article 1 of Protocol 1. One has to bear in mind that the domestic Constitutional Courts examined the relevant legislation on several occasions previously to the ECtHR judgments. However, at the time the Courts themselves only started to seek new points of reference and authority, which eventually led to some unpredictable developments in their case law. |
| Supervisor | Uitz, Renata |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/skale_orhideja.pdf |
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