The European Courts of Human Rights; a violation of the Convention for the protection; property; possessions; compensation
Wydawnictwo Uniwersytetu Śląskiego
Studia Politicae Universitatis Silesiensis, T. 6 (2010), s. 143-162
Cognition of European Courts of Human Rights in the cases of polish affairs concerning the protection of property
The popularity of the Human Rights Convention in Poland creates one of the highest numer of judgments concerning Poland. The European Court of Human Rights was set up in Strasbourg to deal with alleged violations of the Convention for the protection of Human Rights and Fundamental Freedoms. Protocol No 1 of the Convention was ratified by Poland on 10th October 1994, and its first article guarantees the right to the peaceful enjoyment of ones`s possessions. This article contains three distinct rules. The first rule is a general nature and enunciates the principle of the peaceful enjoyment of property; the second role covers deprivation of possessions and subjects it to certain conditions. The third rule recognizes that the contracting States are entitled, amongst other things, to control the use of property in accordance with the general interest. The
Court’s case law has also often emphasised the fact that possessions within the meaning of Article
1 can signify existing ownership or claims that can be said to constitute a legitimate expectation
of effective enjoyment of property rights. This essay deals with matters connected with the past when properties of many people were arbitrarily seized or confiscated and left beyond the Bug River. Also owners of nationalised property, taken over with a view to agricultural land reform did not obtain equivalent compensation in Poland and that is the reason why former owners claim for compensation at the international forum.