Requirements for the exercise of the confiscation measure in relation to the right to property

Traditionally, confiscation is a form of restriction of the right to property, because the person is deprived of part of his property. Like any other interference that can be brought to the fundamental rights and in order not to transgress the law, the institution of confiscation is to be limited to conditions strictly established by law, in particular those established by art. 54 of the Constitution and those outlined in the jurisprudence of the ECtHR. First, confiscation must be provided for by an accessible, predictable and clear law. At the same time, this measure must pursue a legitimate aim and be proportionate to the aim pursued. Disregarding these requirements could lead to an arbitrary violation of the right in question. This article is intended to analyze the particularities of the conditions for exercising the confiscation measure in the light of the normative framework, national and European judicial practice.