Real Property

 

The right of private property is guaranteed by the Constitution of the Republic of Albania, article 41. For purposes of public interest, restrictions can be put to this fundamental personal right by means of a law on expropriation of a property and against a just compensation to the owner.

Wednesday, 24 April 2013 03:20
Read more...

Land Easement and Acquisition in the light of the European Convention of Human Rights

Sustainabledevelopmentrequiresgovernmentstoprovidepublicfacilitiesandinfrastructure that ensure safety and security, health and welfare, social and economic enhancement, and protection and restoration of the natural environment. An early step in the process of providing such facilities and infrastructure is the acquisition of appropriate land.

A balanced approach to land acquisition requires a respect for the human rights of owners and occupants of the land to be acquired. Various international laws reflect the concern for protection of land rights and the payment of compensation when people are displaced. The Universal Declaration of Human Rights (Article 17) provides that “everyone has the right to own property alone as well as in association with others” and that “no one shall be arbitrarily deprived of his property”.

The European Convention on Human Rights and Fundamental Freedoms (Albania is a member) provides that everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well­being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. This right is expanded by Article 1, First Protocol.

Wednesday, 24 April 2013 03:45
Published in Real Property
Written by
Read more...
GREEK LAW DIGEST REPUBLIC OF ALBANIA MINISTRY OF INTEGRATION Union of Chambers of Commerce and Industry of Albania
Nomiki Bibliothiki ALBANIA INVESTMENT DEVELOPMENT AGENCY Foreign Investors Association of Albania
     

 

Login

Log in to your account or