Sporrong and Lönnroth Case

Abstract

The individual in international law — In general — Human rights and freedoms — Right to property — Peaceful enjoyment of possessions — Article 1 of First Protocol to European Convention on Human Rights, 1950 — Town-planning — Long-term expropriation permits — Whether affecting substance of ownership of property — Long-term prohibitions on construction — Whether restricting right to use possessions — Combined impact of measures — Whether de facto expropriation or ‘deprivation of property’ — Prolonged extension of measures — Whether in conformity with balance between protection of right to property and requirement of general interest — Possibility of re-assessment at reasonable intervals — Discrimination — Article 14 of Convention in conjunction with Article 1 of First Protocol

Right to fair and public hearing within a reasonable time — Article 6(1) of Convention — Determination of civil rights and obligations — Whether right to property a ‘civil right’ — Existence of a contestation between parties — Whether Article 6(1) requires State to provide for judicial review of administrative measures — Extraordinary remedy of appeal to Supreme Administrative Court against Governmental decisions — Whether empowered to examine merits — Whether full review of measures affecting civil rights — Effective remedy before national authority — Article 13 of Convention — Whether requirements less strict than Article 6(1) — Article 50 — Just satisfaction — Whether ready for decision