The Problem of Claims Arising Out of Expropriations of Property from German Owners in the Case Law of the European Court of Human Rights
The Problem of Claims Arising Out of Expropriations of Property from German Owners in the Case Law of the European Court of Human Rights

Summary/Abstract: The popularity of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('the Convention') calls for in-depth analysis on its own, and then because of the frequent statements to the effect that the Convention could be used as an instrument to vindicate, in Polish or European courts, possible German claims to property expropriated in the 1940s (an opinion voiced on both Polish and German sides of the debate). This examination will be made by reference to the case law of the Convention organs as it stood in September 2005. Poland ratified the Convention on 19 January 1993. On 16 March 1993 it acknowledged the jurisdiction of the then European Commission of Human Rights to review allegations of infringements of the rights guaranteed by the Convention. Protocol No. 1 to the Convention was ratified on 10 October 1994; its first article guarantees the right to the peaceful enjoyment of one's possessions.

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