Latest ECHR Precedents: When is the State Liable for Interference with Private Property?

In the modern legal landscape, the right to property is no longer confined to mere physical possession; it encompasses the fundamental principle of “legitimate expectation.” The 2024 judgment of the European Court of Human Rights (ECHR) in the case of ISKRA DOO BEOGRAD v. SERBIA serves as a definitive roadmap for property owners facing state bureaucracy and judicial inequity.

Autonomous Concept of Property: Substance Over Form The Court clarified that “property” is an autonomous term, not limited to the ownership of physical assets.

• Key Finding: If a State recognizes and tolerates factual possession of property over several decades (50 years in this specific case), it creates a “proprietary interest” protected under the Convention.

• The Result: Even if you are not the formal owner under domestic law, long-standing and uninterrupted possession grants you the right to protection and compensation.

State Responsibility and the Limits of “Strategic Projects” The Court drew a strict boundary between public interest and private property.

• Precedent: The Serbian government’s attempt to bypass legal dismantling procedures under the pretext of the “Belgrade Waterfront” strategic project was ruled an unlawful interference.

• Verdict: Any demolition or deprivation of property must adhere strictly to judicial and administrative safeguards. Bypassing established procedures constitutes an automatic violation of the principle of lawfulness.

Effectiveness of Legal Remedies The ECHR established that a property owner is not required to exhaust every conceivable legal avenue. If an individual has chosen a reasonable legal path (e.g., a claim for restoration of possession), the State cannot penalize them for not pursuing alternative routes. This directly validates the KH & PARTNERS strategy: a correctly chosen legal course saves time and ensures results.

Why Is This Crucial for Georgian Business? If local courts or state structures fail to provide effective protection for your assets, Strasbourg’s case law paves the way to international justice. KH & PARTNERS’ 33-year practice is built upon these very European values. Our legal engineering allows us to:

• Protect your property despite historical registration flaws;

• Prevent any arbitrary demolition or “strategic” seizures;

• Act as your guarantor in accordance with Strasbourg standards.

In Conclusion: Property is only truly protected when backed by professional expertise and the power of international precedents. At KH & PARTNERS, we do more than just protect property—we establish European standards of justice in Georgia.

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