Expropriation within the scope of the right of property in the light of the decisions of the European Court of Human Rights

This thesis examines the right to property within the framework of human rights and focuses specifically on the restriction of this right through expropriation. The study analyzes both national and international legal frameworks, with particular emphasis on the case law of the European Court of Human Rights. It evaluates whether state interventions in property rights through expropriation meet the requirements of legality, proportionality, and public interest. The first chapter discusses the concept of property, its historical development, and various philosophical and ideological approaches to the notion of property. The study further explores whether the right to property can be considered a fundamental human right, examining relevant national and international legal instruments, including the European Convention on Human Rights and United Nations declarations. The second chapter focuses on the institution of expropriation, its historical background, constitutional basis, and legal nature. The administrative and judicial stages of the expropriation process are analyzed in detail, and a comparison is made with related legal concepts such as nationalization, urgent expropriation, and de facto expropriation without compensation. The third chapter evaluates the judicial review mechanisms available against expropriation decisions. It considers the perspectives of Turkish high courts and provides an in-depth analysis of the ECHR's approach to property rights through its "three-rule" test: the right to peaceful enjoyment of possessions, deprivation of property, and control of use. The study further explores the conditions required for a lawful interference with property under the Convention, including legality, public interest, and compliance with general principles of international law. A comparative analysis of the decisions of the Turkish Constitutional Court and the ECHR is also provided, along with the impact of the Convention on domestic law. This study aims to shed light on how a fair balance can be achieved between the protection of individual property rights and the needs of public interest, by analyzing the guiding principles established through ECHR jurisprudence and offering recommendations for national legal practice.