Op-Ed: “How to deal with massive compensation claims for expropriation under extreme circumstances: the never-ending Albanian case and the ECtHR” by Dolores Utrilla
As is well known, the protection of property rights under Article 1 of Protocol no. 1 (‘Article P1-1’) to the European Convention of Human Rights (ECHR) is highly dependent on procedural safeguards concerning, inter alia, the amount and the timely payment of compensation in case of expropriation. This explains why Article P1-1 is frequently invoked before the European Court of Human Rights (ECtHR) in conjunction with Article 6(1) ECHR (right to a fair trial) and Article 13 ECHR (right to an effective remedy). It also explains why the ECtHR has used the doctrine of positive obligations to incorporate some due process requirements in P1-1 (for example in Zehentner v. Austria).
A recurring question raised by these provisions is how t