The Importance of the Fundamental Right to Property for the Practice of Planning: An Introduction to the Case Law of the European Court of Human Rights on Article 1, Protocol 1 |
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| Authors: | Hendrik D Ploeger Daniëlle A Groetelaers |
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| Institution: | OTB Research Institute for Housing, Urban and Mobility Studies, Delft University of Technology , Delft , The Netherlands |
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| Abstract: | Article 1 Protocol No. 1 of the European Convention on Human Rights guarantees the “peaceful enjoyment” of ones possessions. The use of land development tools and planning tools therefore will necessarily find a boundary in the protection of the fundamental right to property by Article 1. This contribution gives a general survey of the interpretation and application of Article 1, and discusses the general testing scheme adopted by the European Court. This contribution focuses on case law of the Court involving town and land planning instruments and aims to define general principles in this field. |
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