Abstract

Under established case law, the right to property is recognized as an integral part of the general principles of law and it is observed and ensured by the Court in the light of the domestic law of the member states. However, the right to property is not an absolute prerogative, but it must be taken into account from the inlight of its function in society. Consequently, the use of right to property can be limitated, if it effectively meets the goals of general interest and does not constitute an excessive and intolerable interference of the intended goal, which would strain the guaranteed right. Therefore, with regard to the limitation of the right to property, the general requirement of proportionality represents the maintaining of a fair balance between the requirements of the general interest of society and the restrictions of protecting the individual interest.

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