Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights

This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights.
Author(s):
Maya Sigron
book | published | 1st edition
May 2014 | xviii + 314 pp.

Paperback
€65.-


ISBN 9781780682228

Details

This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights.

To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders.

The book’s core addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What role do confidence, detriment and fair balance play in that context? What purpose do legitimate expectations fulfil in the context of Article 1 of Protocol No. 1?

To answer these questions, the author conducts an extensive analysis of the European Court of Human Rights’ case-law related to legitimate expectations under Article 1 of Protocol No. 1. On the occasion of this analysis, she collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights under Article 1 of Protocol No. 1.

The conclusion assesses the major results and paves the way for future debate about the doctrine of legitimate expectations under Article 1 of Protocol No. 1.

About the book
‘Sigron has written a well thought-out book in which not only the protection of legitimate expectations is discussed, but also the protection of property as such. [It] is also useful for the legal practitioner who is confronted with questions concerning the protection of property. The book discusses the scope and conditions for the application of Article 1 of Protocol 1 which makes it a useful checklist in practice. […] A rich source of answers to questions about the application of the theory of legitimate expectations, but also concerning Article 1 of Protocol 1 in general. ‘
EV in 2015 Ars Aequi 78.

Chapters

Table of Contents (p. 0)

Annex I (p. 265)

Annex II (p. 269)

Bibliography (p. 281)

List of Materials (p. 289)

Table of Cases (p. 291)

PART I. INTRODUCTION

Chapter 1. Introduction (p. 1)

PART II. DOCTRINAL ASPECTS

Chapter 2. Protection of Property (p. 13)

Chapter 3. Protection of Legitimate Expectations (p. 43)

Chapter 4. The ECtHR’s Doctrine of Legitimate Expectations: Status Quo (p. 71)

PART III. ANALYSIS

Chapter 5. Basis for Legitimate Expectations (p. 99)

Chapter 6. Confidence, Detriment and Fair Balance (p. 165)

Chapter 7. Functions and Differentiations (p. 189)

Chapter 8. Insufficient Basis and Other Shortcomings (p. 211)

PART IV. SWITZERLAND AND P1–1

Chapter 9. Switzerland, P1–1 and the Protection of Legitimate Expectations (p. 237)

PART V. CONCLUSION

Chapter 10. Conclusion (p. 251)