Protecting Property in European Human Rights Law
eBook - PDF

Protecting Property in European Human Rights Law

  1. 177 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Protecting Property in European Human Rights Law

About this book

This book examines the development of the protection of property in the jurisprudence of the European Court of Human Rights (ECHR). The First Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms introduced the protection of property into the Convention system. The ECHR's case law developed an autonomous concept of property and set out the modes and conditions of State interference with property. Various legal developments can be discerned in the protection of property, such as the emergence of restitution cases and pilot judgments. The author shows that the system of protection has evolved from a system where the State merely refrains from interfering with property, to one in which the State has the obligation to protect property. Although the ECHR has been guided by the concept of social justice in recent judgments, the author concludes that it is doubtful whether social rights, such as the right to housing, will be included among the values enjoying protection as property.

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Yes, you can access Protecting Property in European Human Rights Law by Dragoljub Popovic in PDF and/or ePUB format, as well as other popular books in Law & International Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Eleven International Publishing
Year
2009
eBook ISBN
9789051891980
Edition
0
Topic
Law
Subtopic
International Law
Index
Law

Table of contents

  1. Cover
  2. Table of Contents
  3. Preface
  4. Foreword
  5. Part One: Convention Mechanism of Protecting Property
  6. Chapter One: Emergence of The Mechanism
  7. A. DRAFTING THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
  8. 1. General Background
  9. 2. Fundamental Dilemma
  10. 3. Refusing Inclusion of the Protection of Property into the Text of the Convention
  11. B. FIRST ADDITIONAL PROTOCOL TO THE CONVENTION
  12. 1. Continuing Work of the Consultative Assembly
  13. 2. Including the Protection of Property – Foundations of the Mechanism
  14. Chapter Two: Basic Features of the Mechanism
  15. A. INTRODUCTION
  16. B. AUTONOMOUS CONCEPT OF PROPERTY
  17. 1. Concept of Property in Comparative Law
  18. 2. Concept of Property/Possessions in the Law of the Convention
  19. 2.1. Attempts of the Doctrine
  20. 2.2. Case-Law of the ECHR
  21. 2.2.1. Including Trend
  22. 2.2.2. Excluding Trend
  23. C. STRUCTURE OF PROVISIONS OF ARTICLE 1 FIRST PROTOCOL
  24. 1. Provisions
  25. 2. Handling the Rules
  26. Chapter Three: State Interference with Property
  27. A. INTRODUCTION: MODES AND CONDITIONS OF STATE INTERFERENCE WITHPROPERTY
  28. B. MODES OF INTERFERENCE
  29. 1. Deprivation of Property / Expropriation
  30. 1.1. Formal Expropriation
  31. 1.2. De facto Expropriation
  32. 1.3. Indirect Expropriation
  33. 2. Regulation of the Use of Property
  34. 2.1. Regulation of the Use of Property Resulting in Deprivation
  35. 2.2. Other Types of Regulation of the Use of Property
  36. 2.3. General Interest
  37. 3. Peaceful Enjoyment of Property
  38. C. CONDITIONS OF INTERFERENCE
  39. 1. Lawfulness
  40. 2. Legitimate Aim
  41. 3. Fair Balance
  42. 3.1. General Rule
  43. 3.2. Exceptional Circumstances
  44. Part Two: Developments
  45. Chapter Four: Restitution Cases
  46. A. BACKGROUND
  47. 1. Roots of Evil
  48. 2. Goals, Purposes and Consequences
  49. 3. Overcoming the Past
  50. B. RESTITUTION OF CHATTELS
  51. 1. Earlier Stage of Development
  52. 2. Evolution
  53. 3. Interpreting the Evolution
  54. C. RESTITUTION OF IMMOVABLE PROPERTY
  55. 1. General Developments
  56. 2. Specific Issues
  57. Chapter Five: Pilot Judgments
  58. A. INTRODUCTION
  59. B. ROLE OF PRECEDENT
  60. C. EMERGENCE OF THE CONCEPT
  61. 1. The Broniowski Case
  62. 2. The Case of Hutten-Czapska
  63. 3. The Viasu Case
  64. D. FEATURES AND CONTROVERSIES OF THE CONCEPT
  65. 1. Introduction
  66. 2. In Search of a Definition
  67. 2.1. A More Restrictive Approach
  68. 2.2. A Broader Approach
  69. 3. Characteristic Features
  70. 4. Controversies
  71. Chapter Six: Bank Deposits
  72. A. INTRODUCTION
  73. B. DEVELOPMENTS
  74. 1. Specific Problems and Approaches
  75. 2. Blocking of Assets
  76. 3. Bank Deposits in Successor-States of the Former Yugoslavia
  77. Part Three: Prospects
  78. Chapter Seven: Advancing the Mechanism
  79. A. POSITIVE OBLIGATION
  80. 1. General Rule
  81. 2. Physical Protection
  82. 3. Obligation to Recover
  83. B. PROCEDURAL GUARANTEES
  84. Chapter Eight: Dilemmas and Challenges
  85. A. CONTINUING VIOLATION
  86. B. TOWARDS SOCIAL RIGHTS
  87. Chapter Nine: Conclusions
  88. List of Cases
  89. Bibliography