Factual expropriation - remarks on the ECHR judegment in the case Burghelea vs. Romania

Abstract

In January 2009, The European Court of Human Rights passed its judgement in the case of Burghelea v. Romania. In the judgement, the Court noted for the first time a case in which Romania violated a persons right to protection of property consequently to a factual expropriation. The term of "factual expropriation" is currently unknown to romanian law. However, the mere ocuurance of a factual expropriation is not compatible with the internal Fundamental Law and the relevant provisions in the European Convention that grant the right to protection of property. Regarding this aspect, the Court clearly stated that it is absolutely necessary for the state to urgenly modify the romanian law regarding the expropriation for public wellfare. Namely, the law should clearly impose the state the obligation to buy the expropriated gods.