• Peaceful Enjoyment of Possessions, Expropriation and Control of the Use of Property in the System of the European Convention on Human Rights
  • July 15, 2004 | Author: Manlio Frigo
  • Law Firm: Giacomini-Frigo-Martinello, Studio Legale - Milan Office
  • The drafting process of Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as the reasons why the right of property was not included among the original rights and freedoms of the Convention are very well known. Several doctrinal contributions have been dedicated in the past years to the problems raised by the interpretation of this right, based on the wording of Article 1, and have critically opposed the interpretation rendered by the Strasbourg Court thereon. In this regard one should note, as a starting point of this investigation, that some trends of interpretation in the jurisprudence of the Court have determined an objective enlargement of the protection of property in many respects.