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Unlocking the first protocol: protection of property and the European Court of Human Rights

  • Richard Lang
Research Output: Contribution to journal Article Peer-review

Open access

Sustainable Development Goals

  • SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Abstract

This output makes an important contribution to an area where there is surprisingly little existing literature. Via a thorough analysis of the European Court of Human Rights’ jurisprudence on Article 1 of Protocol No 1 (the relevant provision), the piece offers a highly original take on the Court’s case-law on this subject, ending with an algorithm that, it is hoped, will aid practitioners embarking on a case involving the right to property. However, other academics should also find it of interest. With the Yukos case – reputedly the largest expropriation case in legal history - having had its first hearing only a few months ago, the topic will only grow in importance as time goes on. The author also points out some of the differences between Article 1 of Protocol No 1 and the right to property provision in the new EU Charter of Fundamental Rights, which only became legally binding in December 2009. As case-law based on the Charter starts to emerge from the Luxembourg Court (on terrorist asset-freezing, for example), again this topic is likely to gain prominence, with this output hopefully acting as a point of departure for future works by other scholars.

Publication Information

Output type

Research Output: Contribution to journal Article Peer-review

Original language

English

Journal (Volume, Issue Number)

Human Rights Law Journal (Volume 29, Issue 6-9)

Publication milestones

  • Published - 31/12/2008

Publication status

Published - 31/12/2008

ISSN

0174-4704

External Publication IDs

  • handle.net: 10547/223219

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