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Cyprus at the European Court of Human Rights: A Critical Appraisal of the Court’s Jurisprudence on the Rights to Property and Home in the Context of Displacement de Costas Paraskeva

Cyprus at the European Court of Human Rights: A Critical Appraisal of the Court’s Jurisprudence on the Rights to Property and Home in the Context of Displacement: International Studies in Human Rights, cartea 139

Autor Costas Paraskeva, Eleni Meleagrou
en Limba Engleză Hardback – 16 iun 2022
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.
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Specificații

ISBN-13: 9789004513846
ISBN-10: 9004513841
Pagini: 360
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Studies in Human Rights

Notă biografică

Costas Paraskeva is an Assistant Professor of Public Law at the University of Cyprus with a PhD on ongoing reforms of the ECtHR. He has written several books on Cyprus Constitutional and Administrative Law and articles on human rights issues. He is a member of the Cyprus Bar Association.

Eleni Meleagrou is admitted as an Attorney at Law to the Maryland Bar, to the roll of solicitors, Law Society of England, and Wales, and to the Cyprus Bar Association. She specialises in human rights law in her practice and writing work.

Cuprins

Abbreviations

Introduction

1 Subject Matter, Objectives

2 Historical and Political Background

3 The echr System/Mechanism of Protection of Human Rights

4 Involving the echr in the Internal Displacement of Greek – Cypriots

5 Overview of the Chapters

1The Right to Property under Article 1 of Protocol No. 1
1 Introductory Remarks

2 The Right to Property in the Court’s Jurisprudence
2.1Structure of Article 1 of Protocol No. 1


3 “Possessions”

4 “Legitimate Expectations”

5 Transitional Caselaw
5.1Claims for Restitution That Fail to Satisfy Statutory Requirements Do Not Constitute “Legitimate Expectations”

5.2Hope of Survival of “Old” Property Rights


6 Interference with the Right to Property
6.1The second and first Rule: Deprivation or Interference with the Substance of the Right?


7 Lawfulness

8 Legitimate Aim

9 Proportionality – Fair Balance

10 Margin of Appreciation – Article 1 of Protocol No. 1

11 Transitional Caselaw
11.1Restitution in a Transitional Context


12 Execution of the ECtHR’s Judgments
12.1Remedies for Violations of Article 1 of Protocol No. 1 under the Court’s Case Law


2The Right to Home under Article 8
1 Scope of Article 8

2 Positive Obligations

3 Compliance with Article 8.2
3.1Lawfulness

3.2Legitimate Aim

3.3Necessary in a Democratic Society and the Margin of Appreciation


4 Protection of the Right to Respect for Home
4.1Notion of Home in the Context of Displacement – an Autonomous Concept

4.2Meaning of Home


5 Right to Respect for Home and Right to Property – Interrelated Yet Distinct

6 Margin of Appreciation: The Right to Respect for Home and the Right to the Peaceful Enjoyment of Property, a Comparative Analysis
6.1Connors v. the United Kingdom – Proportionality Requirements for Intimate Rights

6.2Ivanova and Cherkezov v. Bulgaria


7 Remedies for Violations Article 8


3Turkish Objections to Admissibility of the Cyprus Cases
1 The Government of Cyprus Turns to Strasbourg for Justice

2 Individual Applications by Greek Cypriot idp s

3 Objections Ratione Loci
3.1Extraterritorial Application of the echr

3.2Turkey’s Effective Control over Northern Cyprus


4 Objections Ratione Temporis
4.1The ECtHR’s Temporal Jurisdiction – Continuing Situation

4.2The 6-Month Rule – Continuing Situation- Effects of the Passage of Time

4.3The Court’s Temporal Jurisdiction in the Cyprus Cases Alleging Continuing Violations of Rights to Home and Property


5 Exhaustion of Domestic Remedies


5.1General Principles of Exhaustion of Domestic Remedies

5.2Inapplicability of the Rule of Exhaustion: Legal and Political Context, Special Circumstances, Administrative Practice

5.3Application of the Rule of Exhaustion of Domestic Remedies in the Cyprus Cases

4The Violations of the Right to Property and Home of Greek Cypriot idp s
1 Introductory Remarks

2 Violations of Article 1 of Protocol No. 1 to the echr

3 Violations of Article 8

4 Application of the Pilot-Judgment Procedure in the Context of Displacement
4.1Pilot Judgment Procedure

4.2The Case of Xenides-Aresti: The Application of the Pilot-Judgment Procedure to the Post-Loizidou Cases


5Protection of idp s Rights to Property and Home under CoE Standards and the echr
1 Who Are the Internally Displaced?

2 UN Guiding Principles on Internal Displacement and the Pinheiro Principles
2.1idp s – Peaceful Enjoyment of Possessions and the Right to Return under the UN and Pinheiro Principles


3 CoE General Standards on Internal Displacement
3.1Recommendation CM/Rec (2006)6

3.2pace Resolution 1708(2010)

3.3pace Recommendation 1901(2010)

3.4 Poulsen Report

3.5Restitution and Compensation

3.6The Right of idp s to Return to Their Homes


4 echr Jurisprudence on Internal Displacement


6ipc: A Remedy for the Violation of the Rights to Respect for Home and Enjoyment of Property of the Cyprus idp s? (The Demopoulos Inadmissibility Decision)
1 Introductory Remarks

2 The Court’s Context – mise en scène

3 The Application of the Principle of Exhaustion of Domestic Remedies

4 ipc: The Article 1 of Protocol No. 1 Violation, the Law, the Remedy
4.1Introductory Remarks

4.2Legal Ownership: A Changing Concept

4.3… and a Change in the Violation

4.4Ownership – Legal Title and the Passage of Time

4.5Remedies under the ipc Law

4.6Restitution and the Passage of Time


5 Concluding Remarks
5.1“No Problem therefore Arises as Regards the Impugned Discretionary Nature of the Restitutionary Power under Law no. 67/2005”

5.2The Right of the Cyprus idp s to Respect for Home in the Shadow of Demopoulos


7Concluding Remarks

List of Cases

Bibliography

Index