Property rights

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Art. 17.1 of the CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION states that "Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

Contrary to the case of Intellectual and Industrial Property rights, however, little action has historically been taken at EU level in order to assure protection of property rights; in accordance with the principle of subsidiarity, this area has been traditionally regulated at the national level. However, there are instances in which Community action may result in impacts affecting the enjoyment of property rights and/ or of the prerogatives attached to them.

According to the Impact Assessment Guidelines of the European Commission, the following key question is of particular importance when examining the impacts of policy initiatives on property rights:

Evaluating impacts on property rights

This text is for information only and is not designed to interpret or replace any reference documents.

Further information

EC related information:

Charter of Fundamental Rights of the European Union

Other information:

See also

IA TOOLS

References

This text is for information only and is not designed to interpret or replace any reference documents.