New thematic factsheet on Protection of Property

Council of Europe Strasbourg 27 June 2022
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New thematic factsheet on Protection of Property

The Execution Department issued today a new thematic factsheet on Protection of Property.

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 European Court’s case-law, attention must be given paid to maintaining a fair balance between the competing interests of the individual and of the community as a whole.

The present factsheet 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, as well as 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 permits, bankruptcy, insolvency and/or enforcement proceedings, seizure and confiscation, taxation, reforestation, and hunting-related regulations.

What is right to property and how is it protected under the European Convention on Human Rights?
See some examples of how the ECHR protects your property rights, including the right to own property.

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