Articolul 1 din Protocolul nr. 1. Reglementare privind folosința bunurilor
Article 1 of the Protocol no. 1. Regulation on the use of goods

Summary/Abstract: In the sense of art. 1 of the First Additional Protocol to the Convention, any interference by the public authorities in the use of property, must be lawful. For the purposes of the Convention, the requirement of legality presupposes compliance with the provisions of the national law and compatibility with law, which includes the absence of any arbitrary element. According to the well-established case law of the Court, an interference, including that resulting from measures to ensure the payment of taxes and duties, must comply with the requirement of a "fair balance" between the requirements of the general interest and the protection of fundamental individual rights. The concern for the observance of the right balance results from the structure of art. 1 as a whole, including the second paragraph. Consequently, there must be a reasonable ratio of proportionality between the means employed and the pursued purpose. In this respect, the signatory states of the Convention are given a wide margin of appreciation when adopting and implementing fiscal policies. The Court declares that it respects the options of the legislature with regard to the measures adopted, unless they lack any reasonable basis. Enforcement measures taken in respect of the applicant's property constitute an interference with the peaceful use of the property. The mortgage imposed on the property owned by the applicant under a legal procedure, did not deprive her/him of possession of the property, but only prevented that person from using and disposing of it. This measure represents a control of the use of goods. On the other hand, in the context of art. 6 of the Convention, the principle of legal certainty requires that, where a dispute has been settled on the merits of the national courts, that decision must not be called into question and must be enforced in favor of the party who has won the case. The principle of good governance requires public authorities to act in a timely manner, in an appropriate manner and with maximum coherence, when a matter of general interest is under discussion.

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