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New thematic factsheet on protection of property

Strasbourg 20/06/2022
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© Shutterstock

© Shutterstock

The European Convention on Human Rights enunciates the principle of the peaceful enjoyment of one’s property and subjects its deprivation to conditions, protecting a person against unjustified interference by the State. Under the case-law of the European Court of Human Rights, attention must be paid to maintaining a fair balance between the competing interests of the individual and of the community as a whole.

The new factsheet issued today provides examples of general and individual measures reported by States in the context of the execution of the European Court’s judgments, concerning notably:

  • protection of one’s possessions such as pensions, social welfare benefits, bank deposits
  • intellectual property
  • access to justice and enforcement of property-related judicial decisions awarding damages
  • restitution of property in the context of nationalisations and expropriations
  • compensation for loss of one’s property
  • the control of use of property through: legal control of tenancies, business licences, urban planning and granting of building permit, bankruptcy, insolvency and/or enforcement proceedings, seizure and confiscation
  • taxation
  • reforestation
  • and hunting-related regulations.

 

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