Download e-book for kindle: The right to property under the European Convention on Human by Aida Grgiæ, Zvonimir Mataga, Matija Longar and Ana Vilfan

By Aida Grgiæ, Zvonimir Mataga, Matija Longar and Ana Vilfan

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2 Pension rights and other social benefits In principle, social insurance entitlements may be considered as property rights under certain conditions. There is however no right per se to receive a social security payment of any kind. The Müller v. Austria case established that there was no general right to an old-age state pension under the Convention. Nevertheless, a property right to receive a benefit from a contributory social security scheme either compulsory or voluntary may exist, provided that the claimant has met any necessary conditions that may legitimately be imposed by the state pursuant to the second paragraph of Article 1 of Protocol No.

Portugal two plots of land owned by the applicants had been nationalised in 1975, whereas the third plot was expropriated in 1976. Under the relevant legislation the applicants were entitled to payment of compensation for the loss of their property, but the legislation did not stipulate how the compensation would be calculated or paid. The court proceedings and administrative procedures which the applicants instituted in order to obtain the compensation were still pending when the Court examined the case.

The Commission later on referred the case to the Court, which eventually decided to strike it out of its list because in 1997 the Greek authorities had granted the applicants’ request for authorisation to open a place of worship. The first case before the Court involving similar issues was the case of Larkos v. Cyprus. In 1967 the applicant, a civil servant, rented from the State a house in which he and his family have lived since. The tenancy agreement had many features of a typical lease of property.

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The right to property under the European Convention on Human Rights by Aida Grgiæ, Zvonimir Mataga, Matija Longar and Ana Vilfan


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