In a step towards more transparency and participation, the Ministry of Justice initiated amendments to the Law on Expropriation linked to the Human Rights Protection National Strategy. Although the initial draft did not provide provisions on public participation and raised significant concerns among civil society organisations (CSOs), sustained CSO advocacy contributed to important improvements in the revised draft. In particular, the final version of the amendments adopted by the parliament requires public consultation before making decisions that declare overriding public interest. This will help strengthen the protection of people's property rights. At the same time, concerns remain regarding other provisions that may weaken safeguards for property owners.
The proposed reform sought stronger safeguards in expropriation procedures, but the first draft raised serious concerns
The amendments to the Law on Expropriation for Overriding Public Interest Purposes were developed as part of the Human Rights Protection National Strategy and its Action Plans (2020–2022 and 2023–2025), aiming to strengthen safeguards in property expropriation and ensure a better balance between public and private interests. The initial draft, published for public consultation in July 2025, did not include any mechanism for public participation and contained several provisions that CSOs and experts considered potentially problematic for property owners. In particular, insufficient safeguards for compensation, limited avenues to challenge expropriation decisions, and the controversial possibility for extrajudicial termination of property rights raised significant concerns among stakeholders.
Civil society advocacy helped to secure inclusion of public consultations
In response, CSOs provided detailed observations and recommendations, highlighting a need for a public discussion about the draft. The Ministry subsequently organised consultations, during which CSOs presented their concerns and proposed solutions. Following this discussion, CSOs submitted a second, supplemented opinion, endorsed by a larger number of organisations, explicitly proposing the inclusion of a public participation mechanism. The proposal was substantiated with comparative international practices and arguments, emphasising the need for transparency and citizen participation in decisions affecting property rights. These efforts contributed to the revision of the draft, introducing a requirement for public consultation before approving decisions declaring overriding public interest.
The Parliament adopted the amendments on 11 February 2026. While this change represents a meaningful improvement in participatory and transparent decision-making, serious concerns remain regarding the provision for extrajudicial expropriation and other controversial regulations affecting the right to an effective legal remedy.
The new consultation requirement creates an important role for CSOs in monitoring implementation
Following the inclusion of the provision requiring public consultation on draft government decisions recognising overriding public interest, the government must adopt a separate decision establishing the rules and procedures for conducting such consultations.
For CSOs, this means that they will need to monitor whether the government decision establishes a genuine and inclusive consultation mechanism, allowing meaningful input from affected individuals and communities, and ensuring that public input can effectively influence final expropriation decisions. While the public consultation requirement is a positive step toward participatory governance, CSOs must remain vigilant, given that other provisions of the law continue to pose significant risks to property owners’ rights.
Next steps
The amendments mark an important step towards protecting people's property rights, through more transparent and participatory decision-making in the property expropriation processes. The key next step will be the adoption of a government decision regulating public consultations, which will determine whether this new requirement will effectively bring about input of citizens and CSOs.
CSOs are expected to closely monitor this process to ensure that the consultation procedures are accessible, inclusive and capable of influencing decision-making. At the same time, given the unresolved concerns in the law, including extrajudicial expropriation and limitations on effective legal remedies, civil society will also need to closely follow its practical implementation and continue advocating for legislative safeguards that ensure fairness, transparency, and protection of property rights.