(In)consistent Practice of the Serbian Constitutional Court in Selected Cases of Protection of Property

Case Study

Abstract

To illustrate the work of the Constitutional Court in the protection of the right to property, we specify a few of the decisions used as samples in this research. Accompanying them, we present and describe the ECtHR judgements referred to by the Constitutional Court. The decisions provide indication of the Constitutional Court’s and the ECtHR’s working styles and the impact of the international judicial practice on the Constitutional Court’s legal reasoning. In the studied decisions concerning the right to property, the Constitutional Court demonstrated socially responsible behaviour on the one hand, and a degree of inconsistency, even of politicization, on the other hand.