Council of Europe

European Court of Human Rights (ECHR): New thematic factsheet on Protection of Property was published

New thematic factsheet on Protection of Property

The Department for the Execution of Judgments of the European Court of Human Rights issued 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 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 nationalizations 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.

The full text of the thematic factsheet is available here.

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Keywords

Council of Europe human rights protection European Court of Human Rights