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COUNCIL
OF EUROPE
CONSEIL
DE L’EUROPE to property
A guide
to the implementation
of Article 1 of Protocol No. 1
to the European Convention
on Human Rights
Monica Carss-Frisk
A guide
to the implementation
of Article 1
of Protocol No. 1 to the European
Convention on Human Rights
Monica Carss-Frisk
Introduction
1. Article 1 of Protocol No. 1 to the European
Convention on Human Rights guarantees the
1
right to property.
2. It provides:
“Every natural or legal person is entitled to the peaceful
enjoyment of his possessions. No one shall be deprived
of his possessions except in the public interest and sub-
ject to the conditions provided for by law and by the
general principles of international law.
The preceding provisions shall not, however, in any way
impair the right of a state to enforce such laws at it
deems necessary to control the use of property in ac-
cordance with the general interest or to secure the pay-
ment of taxes or other contributions or penalties.”
3. The Convention is not alone among interna-
tional human rights instruments in recognising
2
1 Marckx v. Belgium, A31 (1979). the right to property. The inclusion of the right
2 The Universal Declaration of Human Rights provides, for in the European Convention, however, was con-
example, that “1. Everyone has the right to own property
alone as well as in association with others. 2. No one shall
troversial. The United Kingdom and Sweden, in
be arbitrarily deprived of his property.” (Cf. the Interna- particular, were concerned as to whether in-
tional Covenant on Civil and Political Rights, where the cluding the right to property in the Convention
right has not been included).
3 See Harris, O’Boyle and Warbrick, Law of the European
might place too much of a fetter on the power
Convention on Human Rights (1995), p. 516. of States to implement programmes of nation-
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98 Para. 49.
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