The right of property under A1P1- Supreme Court sees that it has teeth – UK Human Rights Blog

Posted November 19th, 2012 in confiscation, human rights, mortgages, news, proceeds of crime by sally

“Traditionally, the qualified right to peaceful possession of property conferred by Article 1 of the 1st Protocol (A1P1) has been thought of as a rather feeble entitlement, easily outweighed by public interests. After all, every day of the week, the modern state affects that right – think taxes or planning restrictions, or business bans arising out of public health concerns (e.g. see here), where removal and confiscation or restriction on what we do with property is readily accepted. Last week the Supreme Court ruled that the Proceeds of Crime Act 2002 (POCA) needs a bit of remedial HR surgery as and when its blunderbuss rules would otherwise have a disproportionate effect on those affected. But the importance of the ruling extends far beyond the specific statutory context.”

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UK Human Rights Blog, 18th November 2012

Source: www.ukhumanrightsblog.com