Back San Marino aligns land expropriation procedures with ECHR

Beneficio Cappella Paolini v. San Marino

The Committee of Ministers ended the supervision of execution by San Marino of a Court's judgment (Beneficio Cappella Paolini) concerning a religious institution's inability to obtain restitution of expropriated but unused plots of land.

The Court had found that the domestic legal system did not protect adequately the right to access to a court and the right to property of a legal person in cases where land it owned was expropriated for public utility reasons but remained partially unused.

Following the Strasbourg Court’s judgment, San Marino adopted legislation that provides for a specific procedure allowing partial or total retrocession of previously expropriated immovable property.


 Final resolution

Country factsheet for San Marino

18/01/2019
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