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Editura Universitara Ownership. Rulings of the European Court of Human Rights ruled in cases against Romania

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ISBN: 978-606-28-0269-1

DOI: 10.5682/9786062802691

Publisher year: 2017

Pages: 466

Publisher: Editura Universitara

Author: Dragos Calin, Mihaela Vasiescu, Paula-Andrada Cotovanu, Beatrice Ramascanu, Alexandra Lancranjan, Cristina Radu, Florin Mihaita, Anamaria Lucia Zaharia, Lavinia Circiumaru, Ionut Militaru, Victor Horia Dimitrie Constantinescu, Alexandra Gherghesanu, Vasile Bozesan, Iulian Balan, Cristinel Ghigheci, Roxana-Maria Calin, Dorina Zeca

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This paper proposes to the public a selection of the relevant decisions pronounced by the European Court of Human Rights in the interpretation and application of art. 1 of the Additional Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, in cases against Romania, highlighting the meaning of autonomous notions, such as "good", "patrimonial interest", "legitimate hope" or "patrimonial value", "interference" ”And“ objective impossibility of execution ”.

According to art. 1 “Every natural or legal person has the right to respect for his property. No one shall be deprived of his possessions except in the public interest and under the conditions laid down by law and by the general principles of international law. The foregoing provisions shall not affect the right of States to adopt such laws as they deem necessary to regulate the use of goods in the general interest or to ensure the payment of taxes or other contributions or fines. "

The paper is structured in 8 chapters.
  • Dreptul de proprietate. Hotarari ale Curtii Europene a Drepturilor Omului pronuntate in cauzele impotriva Romaniei

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Roxana-Maria Calin
Judge, Bucharest Tribunal, deputy editor-in-chief of the Forum of Judges Magazine, vice-president of the European Association of Magistrates for Human Rights, member of the editorial board of the ECHR Jurisclasor magazine.

Dragos Calin
Judge at the Bucharest Court of Appeal, trainer of the National Institute of Magistracy for continuous professional training European Union law, international judicial cooperation in civil and commercial matters, labor law and social insurance law; associate scientific researcher of the Institute of Legal Research of the Romanian Academy - Center for European Law Studies, director of the Journal of Judges Forum, member of the scientific college of the journal Jurisclasor ECHR, co-editor of the Journal iaduer - European Legal Affairs, founding member and co-president Judges of Romania (2007-present), member of the Board of Directors GEMME Europe (May 2010-present), vice-president of GEMME Europe - European Grouping of Magistrates for Mediation (May 2010-May 2012), founding member of CIMJ (International Conference of Mediation for Justice), October 2009, Paris

Mihaela Vasiescu
Judge, Targu Mures Court of Appeal, vice-president, doctor of law, member of the scientific college of the Jurisclasor ECHR magazine.

Paula-Andrada Cotovanu
Judge Ploiesti Court of Appeal, judicial inspector, Judicial Inspection, member of the editorial board of the ECHR Jurisclasor Magazine, member of the editorial board of the Forumul Judecatorilor Magazine.

Beatrice Ramascanu
Judge, Ploiesti Court of Appeal, trainer of the National Institute of Magistracy, member of the scientific college of the Jurisclasor ECHR magazine, doctor of law.

Alexandra Lancranjan
Prosecutor, National Anticorruption Directorate, trainer of the National Institute of Magistracy.

Cristina Radu
Judge at the Ploiesti Court of Appeal, member of the editorial board of the ECHR Jurisclasor Magazine.

Florin Mihaita
Judge, Bucharest 4th District Court, editor-in-chief of Jurisclasor ECHR magazine, member of the editorial board of Forumul Judecatorilor Magazine.

Anamaria Lucia Zaharia
Judge, Bucharest Court of Appeal, trainer of the National Institute of Magistracy for continuous professional training in commercial law, representative of the Romanian Section of GEMME - European Group of Magistrates for Mediation; member of the editorial board of Forumul Judecatorilor Magazine, member of the editorial board of Jurisclasor ECHR Magazine.

Lavinia Circiumaru
Judge, Bucharest Tribunal, member of the editorial board of the ECHR Jurisclasor Magazine.

Ionut Militaru
Judge, Bucharest Court of Appeal, editor-in-chief of the Forum of Judges Magazine, doctor of law, co-president of the Romanian Judges Forum Association, president of the Association of European Magistrates for Human Rights, editorial director of the ECHR Jurisclasor magazine.

Victor Horia Dimitrie Constantinescu
Judge, District 6 Court of Bucharest, member of the editorial board of Forumul Judecatorilor Magazine, member of the editorial board of Jurisclasor ECHR magazine.

Alexandra Gherghesanu
Judge, Iasi Court of Appeal, trainer of the National Institute of Magistracy, member of the editorial board of the Forum of Judges Magazine, deputy editor-in-chief of the Jurisclasor ECHR magazine.

Vasile Bozesan
Judge, Teleorman Tribunal, member of the editorial board of Forumul Judecatorilor Magazine, member of the editorial board of Jurisclasor ECHR magazine.

Iulian Balan
Judge, Targu Mures Court of Appeal.

Cristinel Ghigheci
Judge, Brasov Court of Appeal, trainer of the National Institute of Magistracy, doctoral lecturer at the Faculty of Law of the Transilvania University of Brasov. member of the editorial board of Forumul Judecatorilor Magazine, member of the editorial board of Jurisclasor ECHR Magazine.

CONTENT
INTRODUCTION / 9
CHAPTER I
THE NOTION OF GOOD / 41

Case of Maria Atanasiu and others against Romania / 41
Stoian case against Romania / 62
Balasa case against Romania / 69
Anghelescu case against Romania (No. 2) / 78
Maties case against Romania / 81
Case of the Catholic Archdiocese of Alba Iulia against Romania / 86
Muresanu case against Romania / 99
Albu and others case against Romania / 101
Case of Stere and others against Romania / 109
Case of Dumitru and others against Romania / 114
The cases of Felicia Mihaies against Romania and Adrian Gavril Sentes against Romania / 115
Related cases Ana Maria Frimu, Judita Vilma Timar, Edita Tanko, Marta Molnar and Lucia Ghetu against Romania / 118
Case of Constantin Abaluta and others against Romania / 123
Case of Ionel Panfile against Romania / 125
Case of Maria Elisabeth Puricel against Romania / 132

CHAPTER II
RESTORATION IN NATURE / 141

The case of Octavian Popescu against Romania / 141
Dumitru's case against Romania / 143
Case of Buceas and Bucias against Romania / 146

CHAPTER III
REFUND BY EQUIVALENT: VALUE OF CIRCULATION OF THE GOOD OR REPAIR / 150

Dragalina case against Romania / 150
Case of Petroiu and others against Romania / 153

CHAPTER IV
INTERFERENCE IN THE EXERCISE OF PROPERTY RIGHTS 156

Plechkov case against Romania / 156
Braniste case against Romania / 169
Balan case against Romania / 172
Cause S.C. Herta Import Export Complex S.R.L. Lipova against Romania / 175
Case of Jarnea and others against Romania / 179
Cause S.C. Granite S.A. against Romania / 182
Ilie Ionescu case against Romania / 188
Case of Vergu against Romania / 192
Case of Ion Constantin against Romania / 198
Buica case against Romania / 205
Moculescu case against Romania / 208
Case of Dumitru Georgescu and Ion Georgescu against Romania / 210

CHAPTER V
NON-COMPLIANCE WITH THE RIGHT OF PROPERTY BY THE ROMANIAN STATE, NON-GRANTING OF COMPENSATIONS / 216

Case of the Ilfov County Union of Cooperative Societies against Romania / 216

CHAPTER VI
NON-EXECUTION OF SOME JUDGMENTS / 223

Case of Buti and others against Romania / 223
Case of Geta Stanciu and others against Romania / 226
Case of Vidu and others against Romania / 228
Case of Maria and Dorel Danut Barbu against Romania / 230
Case of Preda and others against Romania / 233
Case of the Camine de students of the Reformed Church and Stanomirescu Foundation against Romania / 251
Cause R.J. Import Roger Jaeger A.G. and R.J. Import Bucharest S.A. against Romania / 267
Agache case against Romania / 270
The case of Rednic and others against Romania / 276
Bajanaru case against Romania / 277
Ion Popescu case against Romania / 282
Papuc case against Romania / 289
Marin and Gheorghe Radulescu case against Romania / 295
Ursan case against Romania / 299
Trophy case against Romania / 303
Case of Popa and others against Romania / 305
Tomescu case against Romania / 308
Sarchizian case against Romania / 312
Case of Ana Pavel against Romania / 315
Case of Iacob Pop and others against Romania / 318
Stomff case against Romania / 323
The case of Teodor and Constantinescu against Romania / 326
Case of Traian-Constantin Nicolescu against Romania / 331
Man and Cusa case against Romania / 335
Cause S.C. Silvogrecu Com. LLC against Romania / 339
Pica case against Romania / 343
Evolceanu case against Romania / 347
Case of Lefter Nita v. Romania / 351
Loewenton v. Romania / 355
Mladin case against Romania / 362
Tureanu case against Romania / 365
Corbu case against Romania / 369
Case of Stanca Ciobanu against Romania / 376
Case of Emilian Stefanescu against Romania / 381
Demetrescu case against Romania / 385
Cause S.C. Prodcomexim S.R.L. against Romania / 389
Stürner case against Romania / 392
Case of Strain and others against Romania / 395
The case of Sabin Popescu against Romania / 406
Viasu case against Romania / 411
Cause S.C. Uzinexport S.A. against Romania / 422

CHAPTER VII
REPEAL OF A JUDGMENT IN EXTRAORDINARY WAYS / 426

Case of Gridan and others against Romania / 426
Mihalache case against Romania / 434
Cause Bucovina Mission Foundation Inc. and the Bucovina Foundation Bucharest against Romania / 437
The case of Lancranjan Franchini and others against Romania / 440
Giuran case against Romania / 443
Brumarescu case against Romania / 449
Golea case against Romania / 452

CHAPTER VIII
EQUITABLE SATISFACTION / 456

Evolceanu case against Romania / 456
Case of Rednic and others against Romania / 458
Vergu case against Romania / 459
Balasa case against Romania / 461
Case Forna v. Romania / 462
Marton case against Romania / 464

This paper proposes to the public a selection of the relevant decisions pronounced by the European Court of Human Rights in the interpretation and application of art. 1 of the Additional Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, in cases against Romania, highlighting the meaning of autonomous notions, such as "good", "patrimonial interest", "legitimate hope" or "patrimonial value", "interference" ”And“ objective impossibility of execution ”.

According to art. 1 “Every natural or legal person has the right to respect for his property. No one shall be deprived of his possessions except in the public interest and under the conditions laid down by law and by the general principles of international law. The foregoing provisions shall not affect the right of States to adopt such laws as they deem necessary to regulate the use of goods in the general interest or to ensure the payment of taxes or other contributions or fines. "

The paper is structured in 8 chapters.

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