European Standards for the Protection of Obligatory Rights in the Practice of the ECtHR

Abstract

The relevance of the topic lies in the pivotal role that the protection of obligatory rights plays in upholding the rule of law, legality, and the balance between private and public interests in a democratic society. Of particular importance is the practice of the European Court of Human Rights (ECtHR), which, through its interpretation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, shapes modern standards for the protection of such rights, recognizing them as part of the notion of «possessions» under Article 1 of Protocol No. 1 to the Convention.

The aim of this study is to examine the interpretation of the concept of «possessions» in the practice of the ECtHR under Article 1 of Protocol No. 1 to the Convention, particularly in the context of obligatory legal relations. The focus is placed on the doctrine of legitimate expectations, the criteria for permissible state interference, and the requirements for effective judicial protection, which together shape the European standards for the protection of obligatory rights in the practice of the ECtHR.

The results of the study demonstrate that the ECtHR applies a functional approach to the concept of «possessions», identifying the criteria of legality, legitimacy of aim, and fair balance when assessing state interference in the private law sphere. The research has established that the ECtHR has developed an autonomous concept of «possessions» within the meaning of Article 1 of Protocol No. 1 to the Convention, which encompasses not only classical property rights but also claims arising from legitimate expectations.

Particular attention is given to the concept of «legitimate expectation», which extends the scope of property rights protection to include contractual obligations and other claims. This approach allows the guarantees of the Convention to be applied to areas such as contractual obligations, pension entitlements, payments under court decisions, compensation for damages, and more.

The article emphasizes that the implementation of European standards requires not only the avoidance of unjustified interference but also the provision of effective legal remedies for the protection of obligatory rights. It is argued that in Ukraine, these standards should be implemented through the harmonization of national legislation with the provisions of the Convention and the established practice of the ECtHR, as well as through the proper judicial interpretation of the concepts of «possessions», «legitimate expectation» and «effective legal protection».