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Slovak Constitutional Court agrees to hear ‘expropriation law’ complaint

The Constitutional Court has accepted for further consideration a motion brought by a group of opposition parliamentary deputies to challenge the constitutionality of some provisions of the law on one-off extraordinary measures to prepare some highway and dual-carriageway projects, also known as the ‘expropriation law’. The law allows road construction to begin on land whose ownership remains in question. According to the law, construction work can begin on private land within Slovakia’s entire projected network of D1 to D4 highways and R1 to R8 dual-carriageways.

The Constitutional Court has accepted for further consideration a motion brought by a group of opposition parliamentary deputies to challenge the constitutionality of some provisions of the law on one-off extraordinary measures to prepare some highway and dual-carriageway projects, also known as the ‘expropriation law’. The law allows road construction to begin on land whose ownership remains in question. According to the law, construction work can begin on private land within Slovakia’s entire projected network of D1 to D4 highways and R1 to R8 dual-carriageways.

However, the Constitutional Court refused to suspend the effectiveness of the contested provisions in the law, the SITA newswire wrote. It explained that it is not possible to do so only due to an assumption of potential unconstitutionality and hence unlawful action by the authorities in the application of the law. In case where there is interference in individual property rights in a way which contradicts the constitution, the court said an affected owner could use ‘individual tools’ for protection of his/her rights.

Compiled by Zuzana Vilikovská from press reports
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