Constitution Article 35 + P1-1 ECHR: The right to property is a fundamental right.
Types of Violation
- Unfair expropriation
- Insufficient price
- Long-term seizure
- Loss of property due to administrative action
- Disproportionality of tax penalties
AYM Application
- 30 days after domestic remedies are exhausted
- Detection of violation
- Compensation
ECtHR Application
- Domestic law including Constitutional Court + 4 months
- P1-1 violation
- Payment of compensation to Türkiye
Compensation Amount
- Property real value
- Deprivation compensation
- Pecuniary damage (limited)
- Trial expense
Constitutional Court Approach
The Constitutional Court accepts that property rights should be limited "proportionately" and that expropriation for insufficient price constitutes a violation of rights.
Human rights and real estate lawyer recommended.