Privación de la propiedad y expropiación forzosa en el sistema del Convenio Europeo de Derechos Humanos
The second rule of article 1 of the First Protocol to the European Convention on Human Rights stipulates that «No one shall be deprived of his possessions except in the public interest and subject the conditions provided for by law and by the general principles of international law». The interpretat...
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| Format: | Article |
| Language: | Spanish |
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Centro de Estudios Políticos y Constitucionales
2011
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3732676 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 185, 2011, pags. 49-87 |
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| Summary: |
The second rule of article 1 of the First Protocol to the European Convention on Human Rights stipulates that «No one shall be deprived of his possessions except in the public interest and subject the conditions provided for by law and by the general principles of international law». The interpretation of the aforementioned rule requires studying the concept of deprivation and clarifying the meaning of the requirements specifically listed in it. Some other aspects that the European Court of Human rights has analysed in the light of the European guarantee of the right of every natural or legal person to the peaceful enjoyment of his possessions (first rule of article 1 of the Protocol) should be also considered (concept of possession, fair balance between the general interest and the protection of indivual rights), since they have a direct impact on the second rule (especially in relation to the demand for compensation in case of deprivation). |
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