ARTICLE 1 OF PROTOCOL NO. 1 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS, WITH A SPECIAL FOCUS ON THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN CASES AGAINST THE REPUBLIC OF NORTH MACEDONIA

R. ISENI, Ilir (2026) ARTICLE 1 OF PROTOCOL NO. 1 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS, WITH A SPECIAL FOCUS ON THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN CASES AGAINST THE REPUBLIC OF NORTH MACEDONIA. JUSTICIA International Journal of Legal Sciences, 15 (25-26). pp. 31-40.

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Abstract

With the entry into force of Protocol No. 1 to the European Convention on Human Rights (1954), several key rights were added to the original Convention, such as the Right to Property (Article 1), the Right to Education (Article 2) and the Right to Free Elections (Article 3). These “additional articles” to the Convention extended the scope of human rights protection under the ECHR to include economic and social rights (property and education) and fundamental political rights (free elections), thus strengthening the overall impact of the Convention. Article 1 of Protocol No. 1 is structured in such a way that it provides three rules, one general rule and two specific rules, i.e. two specific types of interference by the State within someone’s possessions. Of particular importance, however, is the need for a “legitimate expectation” that something will constitute possessions. Regarding the violations found in the cases against North Macedonia, it can be concluded that they cover a wide range of property rights - from traditional ownership of immovable property and vehicles, to "legitimate expectations" of financial claims and the right to peaceful enjoyment of possessions free from disproportionate burden. In this context, the common denominator is that state measures or actions (or lack thereof) have imposed a disproportionate and unjustified burden on individuals, disrupting the necessary balance between the public interest and the protection of private property. And these are precisely the main areas where North Macedonia needs to improve its practices in order to bring them into line with the standards of the European Court of Human Rights (ECtHR).

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	29 Sep 2026 11:51
Last Modified:	29 Sep 2026 12:50
URI:	http://eprints.unite.edu.mk/id/eprint/2556

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