Strasbourg Observers

View posts from: Article 1 of Protocol No. 1

  • Emma De Clerq

State omission to compensate unharvested wood, towards more consolidation? Associations of communally-owned forestry proprietors v. Romania

January 26, 2024

By Emma De Clerq In a recent judgment from 28 November 2023, the Strasbourg Court found a violation of the right to property, as environmental protections kept the applicants from enjoying the economic benefits of their forests, without compensation. The forests in question were designated as protected areas under the European “Natura 2000” network. This […]

  • Gaia Zanotti

Developing labour rights under the ECHR in Pengezov: one step forward and one step backward

November 17, 2023

By Gaia Zanotti In the new decision of Pengezov v. Bulgaria the Strasbourg Court was given an opportunity to reassess not only the applicability of Art.8 ECHR i.e. the right to private life- to employment disputes but also the applicability of Art.1 of Prot.1 of the Convention- i.e. the right to peaceful enjoyment of property- […]

  • Maija Dahlberg

More human rights at the cost of the state sovereignty? Clarifying the scope of applicability of Article 8 ECHR to social welfare benefits in Beeler v Switzerland

February 21, 2023

By Maija Dahlberg In Beeler v Switzerland the European Court of Human Rights (ECtHR) had to balance between its far-reaching human rights interpretations and the principle of state sovereignty. Concretely, the case concerned an interesting interpretative question whether to extend the scope of applicability of Article 8 ECHR to social welfare benefits.

  • Daniel Krotov and Yannick Schoog

An Audacious Shortcut: The European Court of Human Rights’ New Approach to French “Wrongful Life” Cases

March 25, 2022

By Daniel Krotov and Yannick Schoog On 3 February 2022, the European Court of Human Rights (ECtHR; the Court) handed down yet another judgement on compensation for a child’s erroneously undetected disability in the aftermaths of the French “loi anti-Perruche”. Over 15 years after Draon and Maurice, the Court reached a similar conclusion but opted for a […]

  • Guest Blogger

Beshiri et al. v. Albania: a nail in the coffin for compensation claims for properties nationalized during the communist regime in Albania?

July 06, 2020

Giulia Borgna, PhD. Attorney-at-law at Saccucci & Partners and Co-Editor at eXtradando Rivers of ink have flowed on the issue of compensation for former owners whose properties had been nationalized during the communist regime in Albania. Over the past decades, domestic reparation schemes and findings of violation have chased one another in an exhausting role-play […]

  • Guest Blogger

A Court Divided: discord and disagreement in Rola v. Slovenia

July 09, 2019

This post was written by Bas van Bockel, Senior Lecturer of EU law, at Utrecht University. In a judgment delivered on June 4 by the 4th Chamber of the ECtHR, no less than 3 separate opinions – both partly dissenting and partly concurring – were delivered by 5 of the 7 judges sitting on the […]

  • Guest Blogger

The Curious Case of Molla Sali v. Greece: Legal Pluralism Through the Lens of the ECtHR

January 11, 2019

By İlker Tsavousoglou, Doctoral Candidate at Human Rights Centre, Ghent University, Attorney at Law On 19 December 2018, the European Court of Human Rights delivered its judgement on the case of Molla Sali v. Greece. In its ruling, the Grand Chamber unanimously held that there has been a violation of Article 14 of the European […]