Public Interest in Takings Cases in Italy and France: The Constitutional and Human Rights Dimension


CatturaSABRINA PRADUROUX – CDCT WORKING PAPER 23-2014/ELC13

Abstract: The paper discusses whether, despite the different language of domestic constitutional texts, Italian and French courts have developed a shared approach to the definition of the public interest requirement that must be observed to proceed to the compulsory transfer of private property. Within this framework, it addresses the understanding of the public interest requirement developed by the European Court of Human Rights and critically considers whether, and to which extent, its jurisprudence can be used to guarantee that States use their powers to authorize takings only when some public benefit arises from it.

CDCT WORKING PAPER 23-2014/ELC13
Working Papers -2014:, Working Papers: