RESTITUTION AND TRANSITIONAL JUSTICE IN THE EUROPEAN COURT OF HUMAN RIGHTS
13 Colum. J. Eur. L. 1 (2006) Tom Allen. Professor of Law, University of Durham, United Kingdom. This Article examines the response of the European Court of Human Rights to claims for the restitution of property that was unlawfully or unjustly taken during a period of authoritarian rule. It demonstrates that, with some exceptions, it has not supported restitution. In some circumstances, this reflects different visions of the rule of law and its function in maintaining stability of entitlements. Is the rule of law furthered by allowing individuals to challenge legality of old takings and confiscations, or by ensuring the […]