Evaluating impacts on property rights

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Scope

Are property rights affected (land, movable property, tangible/intangible assets)? Is acquisition, sale or use of property rights limited? Or will there be a complete loss of property?[1]

Definition

Contrary to the case of Intellectual and Industrial Property rights, however, little action has historically been taken at EU level in order to assure protection of property rights; in accordance with the principle of subsidiarity, this area has been traditionally regulated at the national level.

However, there are instances in which Community action may result in impacts affecting the enjoyment of property rights and/ or of the prerogatives attached to them.

Cases may be found in the designation of areas within the Natura 2000 network, with consequent limitation of the landowner's freedom of use of the property, or in the Nitrates directive, under which some zones are classified as vulnerable, with an obligation to implement the "zero fertilizer" rule, or to only keep a limited number of heads of livestock per hectare.[1]

Result

Further information

EC related information:

Charter of Fundamental Rights of the European Union

Information related to the specific explanatory cases listed in the introductory test above:

Other information:

Indicators:

To the best of the IA TOOLS team's knowledge, there are no indicators in the Eurostat database or in any other authoritative publicly available databases that are directly related to this key question. Users are invited to contribute their own knowledge to this topic by contacting the IA TOOLS team.[1]

See also

IA TOOLS

References

  1. 1.0 1.1 1.2 JRC: IA TOOLS. Supporting inpact assessment in the European Commission.[1]

This text is for information only and is not designed to interpret or replace any reference documents.