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.
More information:
- Thematic factsheet - Protection of property
- Department for the Execution of Judgments of the European Court of Human Rights
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