Reprivatization as an instrument of transitional justice

The reprivatization of property taken away during communism is one of the instruments of restoring order in the countries of Central and Eastern Europe transitioning from the totalitarian system to democracy. However, it often interferes with the constitutional rights and freedoms of others. Therefore, it requires rational justification that would legitimize the burden accompanying this process and ensure trust in legal institutions. This problem is of interest to both international organizations that set certain standards of reprivatization and national judiciary. In the paper, this issue will be discussed with particular regard to the achievements of the UN (especially the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence) and selected judgments of the ECHR.