Chapter 23 Guidance on answering the self-test questions

1. How are ‘possessions’ defined for the purposes of Article 1?

They are defined broadly but not exclusively to include rights to things of value, both tangible and intangible.

2. In what circumstances, if any, is there a right to possession of a right or interest in the future?

Possessions exclude expectations to future rights to possess unless these are based on a legitimate expectation.

3. Distinguish ‘Rule 1’, ‘Rule 2’ and ‘Rule 3’.

These refer to the sentences in Article 1. Rule 1 is a general, background, right to peaceful enjoyment of possessions; it embraces Rule 2 which concerns deprivation of possessions and Rule 3 which is concerned with restrictions on use.

4. How was the issue of proportionality of justification approach by the UK court in Breyer Group (above, section 23.7)?

Balancing, on the one hand the government’s legitimate purpose reflecting electricity prices and burdens on the exchequer with, on the other hand, the large expenditures undertaken by the producers in reliance of the original tariffs.

5. Why was there a breach of Article 1 in Sporrong and Lönnroth v Sweden (above, section 23.7.1)?

Mainly because of delay and because of the inadequate procedures available to the land owners for dealing with the delay – Article 1 contains procedural rights like Article 6.

6. Why was there a breach of Article 1 in Pressos Compania Naviera v Belgium (above, section 23.7.4)?

Mainly this was a rule of law point – it is unreasonable/disproportionate for the legislature to use its law making powers to reverse (retrospectively) a judicial decision.