The Protection of Property Rights in Comparative Perspective : A Study on the Interaction Between European Human Rights Law and Italian and French Property Law

This book offers a comparative and interdisciplinary approach to the issue of property rights protection in Europe. This approach explores the tensions between the European and the national level. This is done by highlighting the different understanding of the constitutional role of property within different legal cultures and legal orders. The interaction and dialogue between national law and supranational human rights law in the area of property law is therefore at the center of the work. The book concentrates on the emerging conflicts between fundamental rights, the horizontal effect, and the positive obligations of states in the area of property law, but also provides new insights on what the protection of property rights at the European level implicates for national legal orders. Investigating the constitutional dimension of private property, which currently appears to be particularly fragmented and complex due to the ever-increasing influence of European human rights law over national laws, the book thus contributes to a critical understanding of the dynamic of property law in Europe today. \*\* About the author: Sabrina Praduroux holds a PhD in Comparative Law from the University of Palermo and in May 2012 she was granted a PhD from the Faculty of Law of the University of Helsinki. Her experiences as a trainee at both the European Court of Human Rights and the European Agency for Fundamental Rights, as well as a period as Visiting Scholar at McGill University, were of considerable value in writing this book. Her main fields of interest concern European human rights law and private law, and much of her work is comparative and interdisciplinary. (Series: European Studies in Private Law - Vol. 6) Introduction Human rights law : the context -- The protection of the right to property under European human rights law -- The interaction between European human rights law and national law in Italy and France -- Property in the Italian and French legal traditions -- European and national courts' approaches to interferences with property rights -- Property rights and fundamental values in adjudication -- The incidence of property as a fundamental right. The book offers a comparative and interdisciplinary approach to the issue of property rights protection in Europe