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Property Restitution Case
Published online by Cambridge University Press: 01 January 2021
Abstract
Territory — Conquest — Non-recognition — Annexation of Lithuania to Soviet Union — Soviet Union introducing new laws and Constitution in Lithuania — Subsequent nationalization of property, banks and large-scale industry
State succession — Continuity of States — Re-emergence of State — Lithuania — End of annexation by Soviet Union — Lithuania regaining independence — Supreme Council of Lithuania adopting Act of 11 March 1990 on the Restoration of the Independent State of Lithuania — Territory of Lithuania integral and indivisible — Act of 11 March 1990 on the Reinstatement of 12 May 1938 Constitution — Annulment of all laws introduced by Soviet Union — No re-establishment of laws in effect prior to 15 June 1940 — Validity of Chapter 8 of 1938 Constitution “National Economy” remaining — Provisional Basic Law of the Republic of Lithuania — Restitution of right to private ownership — Whether private or State ownership of property — Whether property to be restored to former owners according to prescribed laws — Whether any public interest — Whether fair compensation appropriate
Human rights — Property rights — Right to private ownership of property — Right not to be arbitrarily deprived of property — Right enshrined in international legal instruments — Nationalization of property in Lithuania upon its annexation by Soviet Union in 1940 — Restoration of independence in Lithuania in 1990 — Right of private ownership reinstated — Whether property in Lithuania belonging to State or former landowners — Law of 18 June 1991 on the Procedure and Conditions of the Restoration of the Rights of Ownership to the Existing Real Property (the “Restoration Law”) — Amended on 15 July 1993 (“law in dispute”) — Whether provisions complying with Constitution of Lithuania — Whether parts of item 3 of law in dispute amending Parts 5 and 6 of the Restoration Law contradicting Constitution of Lithuania — Whether items 14, 15, 16, 17, 18 and 19 of law in dispute by which Article 12 of the Restoration Law has been appended by items 10, 11, 12, 13, 14 and 15 complying with Constitution of Lithuania — The law of the Republic of Lithuania
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