Expropriation for public utility in the European Union and the Republic of Moldova - a comparative analysis of the legal framework and administrative practice

Abstract

The concept of expropriation for public utility plays a pivotal role within the legal systems of democratic societies, serving as a legitimate tool through which public authorities can intervene in private property rights to fulfill public interest goals. This mechanism inherently involves a careful balancing act between the collective welfare and the safeguarding of individual rights, a process governed by nuanced legal frameworks at both the national and European levels. This study examines how the European Union addresses the issue of expropriation by analyzing relevant provisions from both foundational treaties and derived legislation, complemented by the interpretative role of the Court of Justice of the European Union. It delves into fundamental legal concepts-including the requirement of legality, the necessity of proportionality, the justification of public interest, and the obligation of fair reparation-while drawing illustrative examples from national practices in countries such as France, Germany, and the United Kingdom. Additionally, the article evaluates the Republic of Moldova’s domestic legislation on expropriation, assessing its degree of convergence with European legal standards and identifying areas where further legislative alignment is needed. By adopting a comparative perspective, the study underlines the importance of harmonizing Moldovan regulations with EU principles in order to strengthen legal certainty and promote the effective protection of property rights within the context of Moldova’s European integration efforts.