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Expropriation of Adolf Hitler’s Birthplace: Justified under the Special Historic Responsibility of Austria
Austrian Constitutional Court Judgment of 30 June 2017, G 53/2017
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Tamara Schöndorfer
Published/Copyright:
April 14, 2018
Abstract
The building in Braunau am Inn in which Adolf Hitler was born was privately owned until its expropriation at the beginning of 2017. The former owner believed the expropriation to be unconstitutional and filed a complaint before the Austrian Constitutional Court. The Constitutional Court denied that there was an infringement either of the Right to a Fair Trial under Art 6 ECHR or the Right to Property under Art 5 StGG and Art 1 1. Protocol to the ECHR and found the Law on Expropriation to be constitutional.
Keywords: expropriation; right to property; public interest; Hitler’s birthplace; prevention of national socialism
Published Online: 2018-4-14
Published in Print: 2018-4-25
© 2018 Walter de Gruyter GmbH, Berlin/Boston
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- Frontmatter
- Constitutional Jurisdiction in a Democracy Governed by the Rule of Law
- Interdependency between Sovereignty, Citizenship and the Right to Vote
- European Consensus: A Conservative and a Dynamic Force in European Human Rights Jurisprudence
- A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene
- Expropriation of Adolf Hitler’s Birthplace: Justified under the Special Historic Responsibility of Austria
Keywords for this article
expropriation;
right to property;
public interest;
Hitler’s birthplace;
prevention of national socialism
Articles in the same Issue
- Frontmatter
- Constitutional Jurisdiction in a Democracy Governed by the Rule of Law
- Interdependency between Sovereignty, Citizenship and the Right to Vote
- European Consensus: A Conservative and a Dynamic Force in European Human Rights Jurisprudence
- A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene
- Expropriation of Adolf Hitler’s Birthplace: Justified under the Special Historic Responsibility of Austria
