GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
25
peaceful enjoyment of possessions (see Terazzi S.r.l. v. Italy, no. 27265/95,
§ 85, 17 October 2002, and Wieczorek v. Poland, no. 18176/05, § 59,
8 December 2009).
97. Article 1 of Protocol No. 1 also requires that any interference be
reasonably proportionate to the aim sought to be realised. In other words, a
“fair balance” must be struck between the demands of the general interest of
the community and the requirements of the protection of the individual’s
fundamental rights. The requisite balance will not be found if the person or
persons concerned have had to bear an individual and excessive burden (see,
amongst many other authorities, The Former King of Greece and Others
v. Greece [GC], no. 25701/94, §§ 79 and 82, ECHR 2000-XII, and Jahn and
Others v. Germany [GC], nos. 46720/99, 72203/01 and 72552/01, §§ 81-94,
ECHR 2005-VI). Furthermore, a wide margin of appreciation is usually
allowed to the State under the Convention when it comes to general
measures of political, economic or social strategy, and the Court generally
respects the legislature’s policy choice unless it is “manifestly without
reasonable foundation” (see Azienda Agricola Silverfunghi S.a.s. and Others
v. Italy, nos. 48357/07, 52677/07, 52687/07 and 52701/07, § 103, 24 June
2014).
(i) Lawfulness of the interference
98. The Court notes that the forfeiture of the applicants’ property was
ordered by the domestic courts on the basis of Article 37 § 1 of the Code of
Criminal Procedure and Chapter IV (Articles 21 §§ 4 to 11) of the Code of
Administrative Procedure, introduced by the amendment of 13 February
2004. Having regard to the wording of those provisions, the Court considers
that there cannot be any doubt about their clarity, precision or foreseeability
(see, for instance, Khoniakina v. Georgia, no. 17767/08, § 75, 19 June 2012,
and Grifhorst v. France, no. 28336/02, § 91, 26 February 2009).
99. As to the applicants’ argument that it was arbitrary to extend
retrospectively the scope of the confiscation mechanism to the property that
they had acquired prior to the entry into force of the amendment of
13 February 2004, the Court observes at the outset that the amendment in
question was not the first piece of legislation in the country which required
public officials to be held accountable for the unexplained origins of their
wealth. Thus, as far back as 1997 the Act on Conflict of Interests and
Corruption in the Public Service had already addressed such issues as
corruption offences and the obligation of public officials to declare and
justify the origins of their property and that of their close entourage, subject
to possible criminal, administrative or disciplinary liability the exact nature
of which was to be regulated by separate laws governing breaches of those
anti-corruption requirements (see paragraphs 44-48 above). That being so, it
is clear that the amendment of 13 February 2004 merely regulated afresh the
pecuniary aspects of the existing anti-corruption legal standards.