Reprivatisation in Strasbourg? – a few remarks on the jurisprudence of the ECHR on the basis of Article 1 of Protocol no. 1 in cases against Poland

• Authors: Aleksandra Mężykowska
• Languages of publication: PL

Abstracts

EN

Despite the fact that almost 20 years have lapsed from the moment Poland adhered the Protocol No. 1 to the European Convention on Human Rights, there are still cases pending before the ECHR that concern legal situations created before the date of ratification of the Protocol on 10 October 1994. The uncertainty concerning the Court’s ruling affects not only the potential applicants, but also the Government, which can not be sure about the scope of international obligations imposed on it. The article focuses on identifying two situations in which the potential applicants, whose property rights were object of the State’s interference before the entry into force of Protocol No. 1 for Poland, can successfully submit their claims to the Court. The first one being the case of a continuing situation when the applicant can claim being before and after 1994 in the possession of a proprietary interest falling within the ambit of Protocol No. 1. The second one occurs when the applicant that was deprived of their property before the ratification receives after it from the competent authorities a decision declaring that the ownership should not have been subject to expropriation being tantamount to conferring on the applicant a new proprietary interest.

Keywords

EN

Property rights; ECHR competence ratione temporis; “legitimate expectation”; continuous situation

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Studia Prawnicze
• Year: 2011
• Issue: 1(187)
• Pages: 63-93

Contributors

author

Aleksandra Mężykowska

• Uczelnia Łazarskiego w Warszawie, ul. Świeradowska 43, 02-662 Warszawa