Protection of the property of the right to a fair trial

  • Oana Racoviceanu "Ovidius" University of Constanta, Romania
  • Adrian Stoica "Ovidius" University of Constanta, Romania
Keywords: Property, cause, court, additional protocol


Daniele Lochak argued that „the history of human rights are the history of a struggle”, the struggle for respect for human dignity by state authorities. Thus, in order to make human rights defense more efficient, in time, the principle of the absolute sovereignty of the states was limited, these agreeing on international instruments, the creation of international protection systems to ensure to their citizens a second level of rights protection. The scientific work carried out briefly exposes the problem of the legal relations, born between the state and the individual, having as object the nationalization of the buildings abusively during the communist Romania period. In the content of the work I wanted to highlight in the five sections the considerations of the European Court of Human Rights, an international court that ensures the second step of defending human rights, regarding the famous Brumărescu case against Romania, and also to bring a personal report to the case for the trial and a draft „law ferenda” – (with a view to the future law).