Expropriation at the confluence of constitutional, administrative and civil law

Abstract

This article analyses the concept of expropriation for reasons of public utility, a notion that creates a connection between three large branches of law, namely constitutional law, by guaranteeing respect for the right to private property and consecrating the limits brought, administrative law, by regulating a way of acquisition of public property, together with the effective procedure, and civil law, by restricting the exercise of the right of private property and widening the scope of the public domain. Thus, the paper will be divided into 3 parts. The first part focuses on the current normative framework, the second part covers the jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union, the Constitutional Court of Romania and the ordinary courts, and the last part presents some benchmarks of comparative law, by commenting some constitutional provisions of the European states, in order to observe the vision of the European constitutional legislator.