Towards an EU Law of Expropriation?

27 Apr 2023 - 15:00 / 16:30

15, Via Parenzo

Speaker: Harm Schepel , University of Kent

Chair: Prof. Daniele Gallo (Luiss Guido Carli)


The law of expropriation is a conceptual mess, both in international investment law and in the jurisprudence of Article 1 Protocol 1 ECHR. In EU Law, it could long be thought that the right to property as per Article 17 Charter did not really add much to what was already established in Hauer and would be interpreted in line with ECtHR caselaw, despite the clear differences in drafting between the relevant provisions, especially as regards the issue of compensation. In the shadow of the Achmea trauma, and after the trilogy of cases against Hungary - Usufruct, Lex CEU, Lex NGO, this can no longer be maintained. This paper tries to make sense of these developments, and tries to sketch what an ‘EU Law of Expropriation’ might look like.

About the Speaker

Harm Schepel is Professor of Economic Law at Kent Law School, and Director of Law Programmes at the Brussels School of International Studies, University of Kent. He has held visiting positions at Columbia Law School, the University of Amsterdam, the University of Torino, and Luiss Guido Carli. His research focuses on internal market law, corporate governance, and investment law. He is one of the managing editors of European Law Open (Cambridge University Press).