THE RIGHT TO PROPERTY IN JURISDICTIONS

Abstract

The right to property, which was included in the second article of the 1789 French Declaration of the Rights of Man and Citizen with the expression "the natural and timeless rights of man", in terms of its dictionary meaning, is a right that gives its owner the power to dispose, benefit and use a certain object, immovable or movable property. The right to property is among the subjects on which there has been quite a lot of discussion in history. Because throughout history, the concept of property and the ideas about the scope and quality of property rights have differed according to periods, societies, individuals, ideological and philosophical perspectives and state systems. In Turkey, the right to property is regulated as a fundamental right according to the 1961 and 1982 Constitutions. However, the mentioned constitutions do not have any provision regarding the legal content, subject and nature of the property right. While the Constitutional Court characterizes the right to property as a real and fundamental right, it accepts that the right to property gives the right to dispose, benefit and use over tangible and intangible goods. The right to property is regulated in Article 1 of Protocol No. 1 to the European Convention on Human Rights. According to the regulation in question, it is stipulated that the right is guaranteed, in which cases this right can be restricted, in other words, in which situations the violation of this right can be justified. The Constitutional Court has also been under the influence of the decisions of the European Court of Human Rights in its recent individual application decisions. The statistics tried to convey within the scope of the research show that Turkey unfortunately ranks high in the decisions of the European Court of Human Rights on property rights violations. When it comes to human rights cases in domestic and human rights law, significant responsibilities fall on the Constitutional Court and public institutions, especially in the use of individual remedies. At this point, it is very important to establish a jurisprudence that will guide all judicial authorities in parallel with a satisfactory trial by the Constitutional Court regarding the protection of human rights and fundamental rights and freedoms. At this stage, raising awareness on fundamental rights and freedoms and the correct management of public authorities and justice is an important way of permanently revising the scorecard in the context of protecting fundamental rights and freedoms.