The Right to Property and the European Convention on Human Rights. A Nordic Approach

Abstract: The Nordic constitutions secure the right to property. A fundamental issue under the constitutional provisions guaranteeing the right to property has traditionally been how to distinguish between interference with property rights which come under their scope and those which do not and hence in principle do not enjoy any constitutional protection. This approach has its counterpart in American constitutional law and is referred to in this book as Model A. The European Convention on Human Rights offers a somewhat different approach to this issue. Basically the Convention's property guarantee extends to all interference with property rights. Perhaps the most important feature is that the principle of proportionality applies in all such cases. This approach is similar to the approach taken in German constitutional law and is referred to as Model B. The basic features of these approaches are described and compared. It is submitted that the Model A approach is likely to be influenced by Model B. The reasons for this are explained - the main reason being that the Nordic states are members to the European Convention on Human Rights and have incorporated the Convention into domestic law.