PARTIAL DEPRIVATION OF THE RIGHT TO PROPERTY BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS IN THE FACE OF MEASURES TO CUT OR SUSPEND SALARIES AND SOCIAL BENEFITS

Ignacio Covarrubias Cuevas; Rodrigo Poyanco Bugueño

doi:10.4067/S0718-00122020000300131

PARTIAL DEPRIVATION OF THE RIGHT TO PROPERTY BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS IN THE FACE OF MEASURES TO CUT OR SUSPEND SALARIES AND SOCIAL BENEFITS

Ignacio Covarrubias Cuevas, Rodrigo Poyanco Bugueño

Universidad Finis Terrae

Research output: Contribution to journal › Article › peer-review

1 Scopus citations

Abstract

*Some decisions of the European Court of Human Rigths, that aproved restrictive state measures to the right of property of public servants, adopted by some european countries under the economic crisis that affected such continent from 2008, show that such decisions were coherent with the traditional standards given by the European Court in terms of the margin of appreciation of the european states in socioeconomic matters and the application of the proportionality as a standard to assess such restrictive measures. Nevertheless, those decisions show, likewise, how the distinction made by the Court between “deprivation” and “interference” to the right of property, may, in exceptional occasions, facilitate the preeminence of the public interests of the state over the right of property.

Translated title of the contribution	La privación parcial al derecho de propiedad ante el Tribunal Europeo de Derechos Humanos frente a medidas de recorte o suspensión de remuneraciones y beneficios sociales
Original language	English
Pages (from-to)	131-156
Number of pages	26
Journal	Ius et Praxis
Volume	26
Issue number	3
DOIs	https://doi.org/10.4067/S0718-00122020000300131
State	Published - 1 Dec 2020

Keywords

European Court of Human Rigths
proportionality
right to property

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10.4067/S0718-00122020000300131

Cite this

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title = "PARTIAL DEPRIVATION OF THE RIGHT TO PROPERTY BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS IN THE FACE OF MEASURES TO CUT OR SUSPEND SALARIES AND SOCIAL BENEFITS",

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PARTIAL DEPRIVATION OF THE RIGHT TO PROPERTY BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS IN THE FACE OF MEASURES TO CUT OR SUSPEND SALARIES AND SOCIAL BENEFITS

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Keywords

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