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Markus P. Beham

Indirekte Enteignung

Verfassungsunmittelbar gebotene Entschädigungspflicht im Spiegel des Mehrebenensystems
[Indirect Expropriation. Direct Constitutionally Required Obligation to Pay Compensation as Reflected in the Multi-Level System.]
2025. Approx. 530 pages.
forthcoming in May 2025
DOI 10.1628/978-3-16-163679-0
Published in German.
  • eBook PDF
  • forthcoming
  • 978-3-16-163679-0
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Summary
In its 1981 landmark decision on expropriation (the so-called "Nassauskiesungsbeschluss“), the German Federal Constitutional Court sparked a doctrinal development that resulted in a strictly formal concept of expropriation. Interference with property that it does not aim to procure is considered a regulatory measure and falls outside its scope. As opposed to expropriation, there is no constitutional requirement that necessitates compensation. The author challenges this view, providing a counternarrative of the right to property which is based on the wording of the German Basic Law and on the norms of international and European law as well as on comparative law considerations.

Jus Publicum (JusPubl)