Public interest as a condition for forced limitation of the right to property according to court case law
Abstract
The right to property as a constitutionally guaranteed right can be restricted only under certain conditions. One of such condition according to article 11, par. 4 Charter of fundamental rights and freedoms of Czech republic, as well as according to article 20, par. 4, Charter of fundamental rights and freedoms of Slovak republic, is that such limitation is allowed only if it is in public interest.
However, public interest presents indeterminate legal concept which is not defined by legal provisions. Therefore, in every particular case, the competent authority must examine and assess if the public interest exists in that particular case.
The paper describes the fact in which public interest is defined in practice. The aim of this paper is to present how public interest is regarded in Czech and Slovak case law, as well as in case law of European Court of Human Rights.