(1) Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public
interest and subject to the conditions provided for by law and by the general
principles of international law.
It however, goes without saying that this right does not in any way impair the
right of a State to enforce such laws as it deems necessary to control the use of
property in accordance with the general interest of the public.
The European human rights law recognizes the right to peaceful enjoyment of
property, makes deprivation of possessions subject to certain conditions, and
recognizes that States can balance the right to peaceful possession of property
against the public interest.
In considering the provisions of Article 1 of Protocol No. 1 of the European
Court of Human Rights, the concept of property or possession is very broadly
interpreted. It covers a range of economic interests which include: movable or
immovable property, tangible or intangible interests, such as shares, patents,
an arbitration award, the entitlement to a pension, the right to exercise a
profession, a landlord’s entitlement to rent, the economic interests connected
with the running of a business. All these have been held to fall within the
protection of Article 1 above. Therefore, an applicant can allege a violation of
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