Jerinić, Jelena (2020) Who Should Be the Judge of the Common Good? Possibilities for Judicial Review of Public Interest Determination in Expropriation Cases : The Example of Serbia. Union University School of Law, Belgrade.
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Expropriation, as a permissible limitation of personal property rights in the public interest exists, in all probability, in most legal systems in the world. It is also recognized as such in the caselaw of the European Court of Human Rights. Another, mostly undisputed issue concerning expropriation is that it should be subject to just compensation. However, the procedure in which the public interest for expropriation is determined differs across legislatures and, understandably, situations might arise in which the very determination of public interest could be called into question or, in the legal sense, reviewed as a result of adequate remedies. Serbian expropriation law envisages that public interest for expropriation can be determined by law, as an act of Parliament, or by an act of the Government. The law limits areas in which Government can determine the public interest, while its determination by law is, apparently under no such limitation, other than the general constitutional provision on possibility to restrict property rights in public interest. During the last decade, several laws were passed determining the public interest for expropriation in case of roads and pipeline construction, as well as a commercial and residential complex in the center of Belgrade, some of them also bringing about derogations from general planning and construction legislation. On the other hand, possibilities to question both the Government’s, but even more, the Parliament’s judgment of the common good remain rather limited – particularly in relation to standing of those whose property rights are to be affected by the expropriation. Individual acts of the Government can be disputed before the Administrative Court, with limited standing, while when confronted by an act of Parliament, an ordinary citizen could only submit an initiative for review of its constitutionality before the Constitutional Court. Issues relating to accessibility and effectiveness of these legal remedies are the central topic of the proposed article. Besides analysis of relevant Serbian legislation and case law, it will look into comparable norms in other legislatures (primarily, European ones), as well as caselaw of the European Court of Human Rights.
| Item Type: | Other |
|---|---|
| Additional Information: | COBISS.SR-ID 32357897 У: Book of Abstracts [Elektronski izvor] / International Conference, Property Law Conference - Challenges of the 21st Century, Belgrade, Republic of Serbia, October 9, 2020. - Belgrade : Union University School of Law, 2020. - ISBN 978-86-7952-049-4. - Str. 24 |
| Uncontrolled Keywords: | Eksproprijacija, Javni interes, Sudska revizija, Srbija |
| Subjects: | Law (General) |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 13 Dec 2023 15:01 |
| Last Modified: | 27 Dec 2023 13:46 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/448 |
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