“Proportionality” as the basis for limitation of property right in accordance with the European Court of Human Rights practice
Journal Title: Прикарпатський юридичний вісник - Year 2017, Vol 5, Issue
Abstract
The article is devoted to the disclosure of the concept of proportionality as the basis for restricting the right of property. There is analyzed the European Court of Human Rights practice regarding the application of Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the compliance by the respondent state the proportionality requirements between measures taken by it and the purpose for which any act is directed that deprives or restricts individual ownership. In the article on the basis of the research of the European Court of Human Rights decisions on the subject of the studied problem there is concluded that under establishing the compliance by the European Court of Human Rights the proportionality requirements it is necessary to consider the existence in a state-party to the Convention on the Protection of Human Rights and Fundamental Freedoms of the broad discretion in choosing the approaches of implementing noticed measures and determining the conformity of the latter with the general (public) interests.
Authors and Affiliations
Н. Є. Блажівська
Keywords
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