Limiting the right of ownership according to theconvention for the protection of human rights and fundamental freedoms

Abstract

The right of ownership and the European 
convention on basic rights and fundamental freedoms 
(ECHR) 
Introduction 
rights, 
The right of ownership represents the most protected of all 
property 
which, 
according to the classic 
determination, affords it holder the most complete legal and 
factual power over an object, or it grants such holder the 
right of possession, use, and exercise of the right over the 
thing that is the object of ownership. Even though the right 
of ownership is the most absolute right that anyone can 
have over an object, for some reasons, sometimes, it is 
necessary to limit this absolute effect, and even in certain 
cases to take the right of ownership away from the owner. 
In the course of history, we note the practice of selective 
and rough deprivation and limitation of the right of 
ownership of its holder. This practice had been executed 
under the guise of the legally established procedure of 
expropriation, and furthermore the just compensation of the 
time was either not paid out at all or was paid out in pitiful 
amounts, without clear legally established criteria and 
standards. Or, put bluntly, everything that had been stated 
had resulted in rough breaking of human property rights, 
and the so called justly determined compensation was paid 
out sometimes several decades removed from the coming 
into power of the act of expropriation1. Additionally in the 
administrative – judicial practice we find certain cases still 
being processed. Here we can not forget the fact that in 
certain individual cases of expropriation, compensation has 
never been paid, which certainly must be kept in mind.  
1.1  The influence and grasp of the European 
Convention  
In the past sixty years within the framework of the Council 
of Europe23 the practice of regulating and putting into order 
1Comparative law offers a number of procedures to determine 
compensation that lasted three decades. As in the Vajagić v Croatia case, 
the compensation had not ended in full 32 years, from the year 1977. to 
2009. 
2Today the membership of the Council of Europe consists of 47 European 
member stats. Bosnia and Herzegovina was admitted into membership on 
24th of April, 2002. 
numerous areas of the law has intensified, primarily as an 
answer to brutal human rights violations. In that 
environment the intention was to protect property rights, 
which ensure the economic sustainability of the individual 
and the society as a whole. With the adoption of the 
Convention for the Protection of Human Rights and 
Fundamental Freedoms4, here referring to the 1950.text, 
there were no rules governing protection of ownership from 
the acts of the state. To remedy that problem the First 
Protocol to the European convention was adopted in 
Paris5, wherein  
in the first article a directly implied 
obligation toward the state to respect and protect property 
rights6 of the individual is established. The protection was