The Right to the Peaceful Enjoyment of Possessions

This chapter examines the evolution of the European Court of Human Rights’ (ECtHR) jurisprudence on Article 1 of Protocol No. 1 (P1-1), with particular attention to the framework applied to cases concerning property rights. It traces how the Court has moved beyond the provision&s;s literal text, initially drafted without a clear guarantee of property or compensation, to develop a three-rule structure distinguishing between the peaceful enjoyment of possessions, deprivation and control of use. Within this framework, the Court has articulated three corresponding tests: lawfulness, legitimate public interest and the fair balance principle. The analysis highlights how the introduction of the proportionality test in Sporrong and Lönnroth marked a turning point, enabling the ECtHR to assess the substantive fairness of state action and the adequacy of compensation. Subsequent landmark judgments, including James , Lithgow and Broniowski , illustrate the Court&s;s increasing scrutiny of compensation standards, while still affording states a wide margin of appreciation in socio-economic matters. The chapter argues that the ECtHR&s;s approach reflects both a commitment to preserving property rights as a cornerstone of democratic freedoms and a pragmatic deference to national policy choices. This evolving balance sets the foundation for assessing rent-control cases addressed in later sections.