The Development of the Right to Property in the European Convention on Human Rights: Interdisciplinary Studies on the Council of Europe and Its Conventions, cartea 1
Autor Henrik Joremen Limba Engleză Hardback – 2 oct 2025
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Specificații
ISBN-13: 9789004710153
ISBN-10: 9004710159
Pagini: 248
Dimensiuni: 155 x 235 x 18 mm
Greutate: 0.54 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Interdisciplinary Studies on the Council of Europe and Its Conventions
ISBN-10: 9004710159
Pagini: 248
Dimensiuni: 155 x 235 x 18 mm
Greutate: 0.54 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Interdisciplinary Studies on the Council of Europe and Its Conventions
Notă biografică
Henrik Jorem, Ph.D. (2023), is a human rights scholar and attorney from Norway with more than 10 years of experience in private practice.
Cuprins
Contents
Series Editors’ Preface
Acknowledgements
PART 1
1 Introduction
1 Jurisprudential Developments in the Right to the Peaceful Enjoyment of Property
2 Structure and Outline
3 Selection of Materials
2 The Genesis of Protocol 1 Article 1
1 The Convention
2 The First Additional Protocol
3 Conclusion
3 Aspects of the Court’s Teleology
1 Introduction
2 The Principle of Effectiveness
3 Evolutive Interpretation
4 The Convention’s Fundamental Values
4.1 Human Dignity
4.2 Democracy and Political Freedom
4.3 The Rule of Law
PART 2
4 The Autonomous Property Concept
1 Introduction
2 Conceptual Analysis – Property as Rights and Assets
2.1 A Substantive Guarantee of the Right to Property
2.2 The Two ‘Axes’ of the Property Concept
2.3 The Relationship between Property Rights in the Convention and in Domestic Law
3 Rights in Property Protected by Protocol 1 Article 1
3.1 Elements of Ownership
3.2 Limited Rights in Property
4 Assets Constituting ‘Possessions’ for the Purposes of Protocol 1 Article 1
4.1 ‘All Kinds of Pecuniary Assets’
4.2 The Court’s Approach to Intangible Assets
5 Protection of Legitimate Expectations
5.1 A Notable Expansion of Protocol 1 Article 1’s Material Scope
5.2 Expectations Linked to Existing Property Rights
5.3 A Separate Form of Expectations Linked to the Realisation of Claims?
5.4 The Rationale for Protecting Legitimate Expectations under Protocol 1 Article 1
6 Conclusion
5 Protection of Whose Property Rights?
1 Introduction
2 The Starting Point: ‘Every Natural or Legal Person’
3 Limitations Derived from the Court’s Jurisdiction
4 Limitations Derived from the Convention’s Enforcement Machinery
4.1 The ‘Victim’ Requirement
4.2 ‘Non-Governmental Organisations’
5 Conclusion
6 The Merits of the Court’s ‘Three Rules’ Approach
1 Introduction: The Notion of Interference in Convention Rights in General and the Right to Property in Particular
2 Characteristics of Deprivation of Property
3 Control of the Use of Property
4 The General Principle
5 Conclusion
PART 3
7 The Three Dimensions of the Court’s Justification Assessment
8 Substantive Dimension: A Heightened Level of Scrutiny
1 Introduction: The ‘Fair Balance’ Requirement, Its Legal Basis and Construction
2 A Conceptual Approach to Proportionality
2.1 Suitability
2.2 Strict Necessity
2.3 Proportionality in the Strict Sense
2.4 The Structure of the Court’s Substantive Assessment under Protocol 1 Article 1
3 The Weight of the Public Interest
4 Effects on the Applicant
4.1 Economic Effects
4.2 Non-Economic Effects
5 The Issue of Compensation
5.1 A Material Factor in the Court’s ‘Fair Balance’ Assessment
5.2 The Market-Value Standard
5.3 Public Interests Justifying Compensation below Market Value
5.4 The Reference to ‘General Principles of International Law’
5.5 Compensation for Interference Not Constituting Deprivation
6 The Applicant’s Legitimate Expectations and Acceptance of Risk
6.1 A Relative Standard of Legal Certainty
6.2 The Problem of Retroactive Laws
7 The Conduct of the Parties
8 Conclusion
9 Institutional Dimension: Towards ‘Deeper Subsidiarity’?
1 Introduction: The Two Functions of the ‘Legitimate Aim’ Test
2 The Margin of Appreciation, Its Legal Basis and Functions
3 Arguments for Deferential Review in Cases concerning the Right to Property
3.1 Structural Arguments: Proximity, Consensus and Legitimacy
3.2 The Nature of the Public Interest
4 Conclusion
10 Procedural Dimension: Protocol 1 Article 1 as a Guarantee against Arbitrary Interference
1 Introduction
2 The Principle of Lawfulness
3 Legal Certainty
4 Access to Effective Proceedings
4.1 The Basis and Rationale for Protocol 1 Article 1’s Procedural Safeguards
4.2 Availability of Proceedingsbr/> 4.3 Effectiveness of Proceedings
5 Safeguards against Arbitrariness at the Domestic Level
5.1 Fairness in Proceedings
5.2 The Quality of the Assessments Made by Domestic Authorities – Revisiting the Court’s Process-Based Review
6 Conclusion
PART 4
11 The Evolving Scope and Justification of the Right to Property in the ECHR
1 The Court’s Expansive Approach to Protocol 1 Article 1’s Scope of Protection
2 The Dynamics of the Court’s Justification Assessment
12 The Right to Property and the Rule of Law in the ECHR System
1 Contextualising the Developments
2 The Court’s Search for Legitimacy in Cases concerning the Right to Property
3 The Convention’s Preeminent Object and Purpose 207 Case Law
Case Law
Bibliography
Index
Series Editors’ Preface
Acknowledgements
PART 1
1 Introduction
1 Jurisprudential Developments in the Right to the Peaceful Enjoyment of Property
2 Structure and Outline
3 Selection of Materials
2 The Genesis of Protocol 1 Article 1
1 The Convention
2 The First Additional Protocol
3 Conclusion
3 Aspects of the Court’s Teleology
1 Introduction
2 The Principle of Effectiveness
3 Evolutive Interpretation
4 The Convention’s Fundamental Values
4.1 Human Dignity
4.2 Democracy and Political Freedom
4.3 The Rule of Law
PART 2
4 The Autonomous Property Concept
1 Introduction
2 Conceptual Analysis – Property as Rights and Assets
2.1 A Substantive Guarantee of the Right to Property
2.2 The Two ‘Axes’ of the Property Concept
2.3 The Relationship between Property Rights in the Convention and in Domestic Law
3 Rights in Property Protected by Protocol 1 Article 1
3.1 Elements of Ownership
3.2 Limited Rights in Property
4 Assets Constituting ‘Possessions’ for the Purposes of Protocol 1 Article 1
4.1 ‘All Kinds of Pecuniary Assets’
4.2 The Court’s Approach to Intangible Assets
5 Protection of Legitimate Expectations
5.1 A Notable Expansion of Protocol 1 Article 1’s Material Scope
5.2 Expectations Linked to Existing Property Rights
5.3 A Separate Form of Expectations Linked to the Realisation of Claims?
5.4 The Rationale for Protecting Legitimate Expectations under Protocol 1 Article 1
6 Conclusion
5 Protection of Whose Property Rights?
1 Introduction
2 The Starting Point: ‘Every Natural or Legal Person’
3 Limitations Derived from the Court’s Jurisdiction
4 Limitations Derived from the Convention’s Enforcement Machinery
4.1 The ‘Victim’ Requirement
4.2 ‘Non-Governmental Organisations’
5 Conclusion
6 The Merits of the Court’s ‘Three Rules’ Approach
1 Introduction: The Notion of Interference in Convention Rights in General and the Right to Property in Particular
2 Characteristics of Deprivation of Property
3 Control of the Use of Property
4 The General Principle
5 Conclusion
PART 3
7 The Three Dimensions of the Court’s Justification Assessment
8 Substantive Dimension: A Heightened Level of Scrutiny
1 Introduction: The ‘Fair Balance’ Requirement, Its Legal Basis and Construction
2 A Conceptual Approach to Proportionality
2.1 Suitability
2.2 Strict Necessity
2.3 Proportionality in the Strict Sense
2.4 The Structure of the Court’s Substantive Assessment under Protocol 1 Article 1
3 The Weight of the Public Interest
4 Effects on the Applicant
4.1 Economic Effects
4.2 Non-Economic Effects
5 The Issue of Compensation
5.1 A Material Factor in the Court’s ‘Fair Balance’ Assessment
5.2 The Market-Value Standard
5.3 Public Interests Justifying Compensation below Market Value
5.4 The Reference to ‘General Principles of International Law’
5.5 Compensation for Interference Not Constituting Deprivation
6 The Applicant’s Legitimate Expectations and Acceptance of Risk
6.1 A Relative Standard of Legal Certainty
6.2 The Problem of Retroactive Laws
7 The Conduct of the Parties
8 Conclusion
9 Institutional Dimension: Towards ‘Deeper Subsidiarity’?
1 Introduction: The Two Functions of the ‘Legitimate Aim’ Test
2 The Margin of Appreciation, Its Legal Basis and Functions
3 Arguments for Deferential Review in Cases concerning the Right to Property
3.1 Structural Arguments: Proximity, Consensus and Legitimacy
3.2 The Nature of the Public Interest
4 Conclusion
10 Procedural Dimension: Protocol 1 Article 1 as a Guarantee against Arbitrary Interference
1 Introduction
2 The Principle of Lawfulness
3 Legal Certainty
4 Access to Effective Proceedings
4.1 The Basis and Rationale for Protocol 1 Article 1’s Procedural Safeguards
4.2 Availability of Proceedingsbr/> 4.3 Effectiveness of Proceedings
5 Safeguards against Arbitrariness at the Domestic Level
5.1 Fairness in Proceedings
5.2 The Quality of the Assessments Made by Domestic Authorities – Revisiting the Court’s Process-Based Review
6 Conclusion
PART 4
11 The Evolving Scope and Justification of the Right to Property in the ECHR
1 The Court’s Expansive Approach to Protocol 1 Article 1’s Scope of Protection
2 The Dynamics of the Court’s Justification Assessment
12 The Right to Property and the Rule of Law in the ECHR System
1 Contextualising the Developments
2 The Court’s Search for Legitimacy in Cases concerning the Right to Property
3 The Convention’s Preeminent Object and Purpose 207 Case Law
Case Law
Bibliography
Index