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

      Lang, Richard; University of Bedfordshire (N. P. Engel, Kehl am Rhein, 2008-12-31)
      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.