ECHR Protocol No. 1 article 1: "Every natural or legal person has the right to peaceful enjoyment of his property."
Definition of Property (Broad)
- Immovable property
- Movable property
- Money receivables
- Company shares
- Licenses and permits
- Social security rights (pension)
- Expectation of winning a tender (in some cases)
Types of Interference with the Right to Property
- Deprivation of property (expropriation)
- Supervision of use (tax, administrative fine, blockage)
- General property rules (general regulations)
ECtHR Tests
- Legality
- Legitimate purpose
- Proportionality (balance between the public interest and the individual's interest)
Important Decisions Against Turkey
- Undermarket price in urban transformation
- Extension of MASAK blockage
- Faulty title deed cancellations
- Tax penalties disproportionality
Effect on Domestic Law
The Constitutional Court uses ECHR jurisprudence as "measurement norm" and detects property right violations in individual applications.
ECtHR and constitutional law lawyer support is recommended.