34
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
III. ARTICLE 6 PARA. 1 (art. 6-1) OF THE CONVENTION
79. The applicants also alleged violation of Article 6 para. 1 (art. 6-1) of
the Convention, which provides:
"In the determination of his civil rights and obligations ..., everyone is entitled to a
... hearing ... by an independent and impartial tribunal established by law. ..."
80. This complaint was new in that it was not pleaded before the
Commission. It does have, however, an evident connection with the
complaints examined by the Commission. Indeed, it recurs in another form
in the arguments advanced under Article 1 of Protocol No. 1 and Articles 13
and 14 (P1-1, art. 13, art. 14) of the Convention (see paragraphs 68 and 76
above and paragraph 83 below); it concerns the very same facts which were
the subject of the application declared admissible by the Commission and
no preliminary objection going to the admissibility of this complaint was
raised either by the Commission or by the Government. The Court thus
considers that it has jurisdiction to entertain the matter (see, amongst others
and mutatis mutandis, the Delcourt judgment of 17 January 1970, Series A
no. 11, p. 20, para. 40, the Bönisch judgment of 6 May 1985, Series A no.
92, p. 17, para. 37).
81. The applicants complained that under the scheme set up by the
leasehold reform legislation landlords threatened with loss of their property
have no means of challenging the tenants’ right to enfranchise, once only
the criteria laid down in the legislation are satisfied. In their submission, the
fact that no question of individual merits, no question of hardship, is
susceptible of review by any court or tribunal gives rise to a breach of
Article 6 para. 1 (art. 6-1).
Article 6 para. 1 (art. 6-1) extends only to "contestations" (disputes) over
(civil) "rights and obligations" which can be said, at least on arguable
grounds, to be recognised under domestic law; it does not in itself guarantee
any particular content for (civil) "rights and obligations" in the substantive
law of the Contracting States.
Confirmation of this analysis is to be found in the fact that Article 6 para.
1 (art. 6-1) does not require that there be a national court with competence
to invalidate or override national law. In the present case, the immediate
consequence of the British legislation in issue is that the landlord cannot
challenge the tenant’s entitlement to acquire the property compulsorily in so
far as the acquisition is in conformity with the legislation.
In the case of Sporrong and Lönnroth, upon which the applicants placed
heavy reliance, the Court found Article 6 para. 1 (art. 6-1), firstly, to be
applicable because there existed an arguable grievance of non-compliance
with Swedish law (Series A no. 52, p. 30, para. 81) and, secondly, to have
been violated because of the lack of a remedy whereby that grievance could
be brought before "a tribunal competent to determine all the aspects of the
matter" (in French: "un tribunal jouissant de la plénitude de juridiction")