Court : European Court of Human Rights
..... with regard to the status of an acquirer in good faith, the constitutional court held that, under the constitution, the rights of a person who had sought to acquire property lawfully and in good faith, but who had acquired it without knowing that the owner had lost that property as a result of a crime committed by another person (or other persons), must be defended (ruling of 30 october 2008): while regulating the protection of the rights of ownership, the legislator must ensure the balance of values defended in and protected by the constitution. ..... it is established in the preamble to the law on restitution ii that the rights of ownership acquired by the citizens of the republic of lithuania before the occupation are not revoked and have continuity? ..... as concerns article 30 of the constitution and the right of persons to apply to court to defend their interests from interferences by the state, the constitutional court stated that the state authorities and their officials must act in conformity with the constitution and law. ..... the domestic court had not taken into consideration that in 1995 part of the price for the plot had been paid in single-use investment vouchers; in addition, he had been ordered to return ltl 6,000 to the second applicant, which he did in august 2005. 49. .....
Tag this Judgment!Court : European Court of Human Rights
..... 1949 for the protection of war victims; (b) crimes against humanity whether committed in time of war or in time of peace as they are defined in the charter of the international military tribunal, nurnberg, of 8 august 1945 and confirmed by resolutions 3 (i) of 13 february 1946 and 95 (i) of 11 december 1946 of the general assembly of the united nations, eviction by armed attack or occupation and inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 convention on the prevention and punishment of the crime of genocide, even if such acts do not constitute a violation of the domestic law of ..... . 7 regulates a specific aspect of the following fundamental principle enshrined in article 6 1 and stated, for instance, in kot, cited above: the court reiterates that the right to a fair hearing before a tribunal as guaranteed by article 6 1 of the convention must be interpreted in the light of the preamble to the convention, which declares, in its relevant part, the rule of law to be part of the common heritage of the contracting states .....
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