FINANCIAL STABILITY AS A STRUCTURAL CONDITION FOR PROPERTY RIGHTS AND JUDICIAL PROTECTION: INSIGHTS FROM THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS
FINANCIAL STABILITY AS A STRUCTURAL CONDITION FOR PROPERTY RIGHTS AND JUDICIAL PROTECTION: INSIGHTS FROM THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Summary/Abstract: This article examines whether the concept of financial stability can be understood as a structural legal condition for the effective enjoyment of property rights and judicial protection, considering the jurisprudence of the European Court of Human Rights (ECtHR). The analysis combines a doctrinal examination of European Union law with an assessment of the Convention for the Protection of Human Rights and Fundamental Freedoms case-law. It shows that systemic financial instability may produce concrete legal consequences through the erosion of property rights and limitations on effective judicial protection. At the same time, the ECtHR case-law recognises financial stability as a legitimate public interest capable of justifying interferences with property rights, provided that such measures remain proportionate and subject to judicial review. In turn, it supports the argument that financial stability should be understood as part of the structural institutional framework necessary for the effective protection of rights within the signatory states of the Convention.Keywords: financial stability; property rights; judicial protection; European Court of Human Rights; economic governance

• Details
• Contents