POSTS BY Ingrid Leijten

Does property protection entail a right to obtain social benefits under the ECHR?

It goes without saying that a supranational court’s engagement with national social policy is a sensitive endeavour. This is all the more so when the norms this court is protecting are of a ‘classic’, rather than of a socio-economic kind. In the recent case of Béláné Nagy v. Hungary the European Court of Human Rights seemingly recognises a right to obtain social security benefits under Article 1 of Protocol No. 1 to the European Convention on Human Rights, which contains the right to protection of property. The case was decided by a three to four vote and hence might be referred to the Grand Chamber. Yet it is especially the strong and diverging conclusions of the majority and the minority on a sensitive issue like the protection of social security qua property rights issue, that make this judgment worth elaborating upon.

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