| Abstract [eng] |
ISSUES CONCERNING THE RELATIONSHIP BETWEEN PRIVATE PROPERTY AND PUBLIC INTEREST This master thesis aims to reveal the relationship between private property and public interest, which mostly appears with various restrictions upon private property rights because of the public interest. Concepts of private property and public interest are analysed together with the importance of private property and exertion of public interest. Also the relationship between private property and public interest is systematically analysed according to Lithuanian legislation and jurisprudence of the Constitutional Court and evaluations on the justification of private property restrictions are presented. Three kinds of property may be distinguished: private, collective and common. All these kinds co-exists in any society, although trends of private property increase may be noticed. A right to private property is a natural human right, which is essential to his existence. Private property rights must be safeguarded and protected as private property is the foundation of the welfare of the society. The concept of public interest is rather vague, thus it should be clarified in case law. It is assumed that public interest is a social need of the society to reach for the general welfare. General welfare should be understood not as a goal, but as means providing the individuals better possibilities to reach for their own goals. An inappropriate interpretation of public interest concept may lead to unjust restrictions of private interests and human rights. The security of a Human right to private property is also public interest. Therefore this natural right may be restricted only on exceptional circumstances when it is an objectively necessary. In Lithuania this right is basically secured, although many restrictions exist, which most of them may be conditioned by public interest. According to the jurisprudence of the Constitutional Court, three cases of such private property restrictions may be distinguished: because of nature of an object; because of the actions of an owner; because of a need of the society. All these restrictions are possible to some extent. It is important that they were conditioned by objective circumstances, and not a subjective needs of particular groups to build a better society. |
