Legitimate expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights
By: Maya Sigron
Publisher: Intersentia
Published: 2014
Place of publication: Cambridge, United Kingdom; Portland
Language: eng
Number of pages: 314
ISBN-13: 9781780682228
Copyright date: 2014
Subjects: Right of property; Due process of law; Human rights; Convention for the Protection of Human Rights and Fundamental Freedoms
Description: 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.
Notes: Originally presented as the author's thesis (doctoral)--Universität Zürich, 2012.

Includes bibliographical references (pages 281-287).