Protection of Property Rights Within the European Convention on Human Rights
Ashgate, 2004 - 274 pages
This work discusses the concept of property as a human right within the context of the European Convention on Human Rights. Within the last two decades, the Article established by the Convention has become a significant human rights instrument for member states of the Convention, with some 40 countries subject to the European Court of Human Rights on cases affecting the pecuniary rights of individuals. The author argues that a theoretical framework is required in order to clarify how far the Convention allows public authorities to interfere with property rights. What is property?; Is property a human right?; How are rights to property limited?; How far can public authorities legitimately interfere with human rights? In order to do this, the author examines case law of the Convention organs and reflects on the results of cases in the light of the theoretical framework that has been established.