Right to property under Art. 1 of Protocol 1

Question 1

Does Art. 1 of Protocol 1 protect the right to acquire property?

Answer 1

No, it only protects your right to property you already own

Question 2

What are the 4 clauses in Art. 1 of Protocol 1?

Answer 2

1) Deprivation of property - clause
2) Control of use of property - clause
3) Interference with property - clause (residual group)
4) Taxation clause

Question 3

What is the scope of Art. 1 of P1?

Answer 3

Legal and natural persons are protected

Broad scope - also allows for extensive state interference

Question 4

Positive obligation under Art. 1?

Answer 4

Yes, State must put in legislation that protects property and affords remedy when property is destroyed, i.e., expropriation and compensation for destruction due to natural disasters

Question 5

What is Onervildiz v Turkey about?

Answer 5

Houses built close to rubbish tip. Due to mounting pressure on the tip, at mudslide occurred which caused a methane explosion which destroyed several houses. The city had been informed that the rubbish tip did not comply with safety requirements

Court stated that effective exercise of the right to peaceful enjoyment of property presupposes that the state puts in place positive measures of protection, especially when there is a direct link between the measure (safety requirements) and the peaceful enjoyment of the right

Court held that the State had neglected its positive obligation under Art. 1 to take active steps to protect peaceful enjoyment of property and had violated the provision.

Question 6

What are the requirements for interference with Art. 1?

Answer 6

1) In accordance with domestic law (basis in law and quality of law)
- accesible
- foreseeable
- precise
- offer procedural safeguards
2) in a public interest
3) necessary (proportionality assessment)
- the State must always exercise its power with regard to the Principle of Proportionality

Destruction of property has 1 more requirement:
4) in accordance with international law

Question 7

Is the margin of appreciation regarding grounds of interferences wide?

Answer 7

Yes, the grounds are not listed like they are in Art. 8 - 11 (exhaustive lists)
Only has to be in a legitimate public interest