Legitimate expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights / Maya Sigron.
Material type:
TextPublisher: Cambridge, United Kingdom ; Portland : Intersentia, [2014]Copyright date: �2014Description: xvii, 314 pages ; 24 cmContent type: - text
- unmediated
- volume
- 9781780682228
- 1780682220
- Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5). Protocols, etc. (1952 March 20)
- Right of property -- Europe
- Due process of law -- Europe
- Human rights -- Europe
- 86.81 human rights
- Convention for the Protection of Human Rights and Fundamental Freedoms
- Due process of law
- Human rights
- Right of property
- Europe
- European Union
- Property law
- European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950)
- Property
- Protection
- Human rights
- 323
- KJC1261 .S54 2014
- 86.81
Originally presented as the author's thesis (doctoral)--Universit�at Z�urich, 2012.
Includes bibliographical references (pages 281-287).
This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book's core addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What role do confidence, detriment and fair balance play in that context? What purpose do legitimate expectations fulfil in the context of Article 1 of Protocol No. 1? To answer these questions, the author conducts an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. On the occasion of this analysis, she collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights under Article 1 of Protocol No. 1.
Protection of property -- Protection of legitimate expectations -- The ECtHR's doctrine of legitimate expectations : status quo -- Basis for legitimate expectations -- Confidence, detriment and fair balance -- Functions and differentiations -- Insufficient basis and other shortcomings -- Switzerland, P1-1 and the protection of legitimate expectations.
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