Remedial Action by the State

This chapter analyses the remedial obligations imposed on states by the European Court of Human Rights (ECtHR) following findings of systemic violations of landlords’ property rights under Article 1 of Protocol No. 1. While recognising states’ discretion in regulating rent, particularly in transitional contexts, the Court has insisted that reforms must secure landlords a “decent profit” through rent levels reasonably related to market values. The chapter examines how the ECtHR&s;s guidance, reinforced by the Committee of Ministers’ supervisory role, has shaped legislative reforms across Europe. It considers the measures adopted in Poland, Slovakia, Norway, Croatia and Malta, highlighting the principles of adequacy, timeliness and fairness in state responses. Special attention is given to Malta, where reform was prolonged and incremental, but where recent legislation has established a rent-increase mechanism capped at 2% of market value, complemented by state subsidies. These changes reflect the ECtHR&s;s approach of balancing landlords’ profit entitlement with the social rights of vulnerable tenants, without requiring states to guarantee full market rent. Ultimately, the chapter reinforces the point that the ECtHR affords states a margin of appreciation even in designing remedies, just as it does in assessing violations and awarding redress for past ones, consistently affirming that the costs of social housing must, at the very least, be shared between private individuals and the public.