August 16, 2024
By Marie-Sophie de Clippele Who owns the famous antique Statue of Victorious Youth on display in the Getty Museum (USA)? Does the Getty Trust have rightful ownership after nearly fifty years, or is it Italian public property, given Italy’s claim that it was discovered in its waters? The ECtHR carefully avoids a straight answer to […]
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 […]
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- […]
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.
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 […]
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 […]
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 […]
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 […]