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Collected Papers of the Faculty of Law of the University of Rijeka=Recueil des travaux de la Faculté de droit de l'Université de Rijeka=Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka=Gesammelte Schriften der Rechtswissen, Vol. 41 No. 1, 2020.

Original scientific paper

https://doi.org/10.30925/zpfsr.41.1.5

FROM THE CASE MCCANN TO THE CASE F.J.M. - PROPORTIONALITY AND THE RIGHT TO RESPECT FOR HOME IN THE PROCEEDINGS FOR THE ENFORCEMENT OF MORTGAGES

Gabrijela Mihelčić ; University of Rijeka, Faculty of Law, Rijeka, Croatia
Maša Marochini Zrinski orcid id orcid.org/0000-0002-8441-2277 ; University of Rijeka, Faculty of Law, Rijeka, Croatia
Renata Šantek ; Supreme Court of the Republic of Croatia, Zagreb, Croatia

Full text: croatian pdf 396 Kb

page 113-130

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Abstract

The authors discuss and analyse case law of the European Court of Human Rights regarding the right to respect for home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and with respect the issue of proportionality. In the paper, the proportionality category was viewed as a criterion for securing protection and as a material precondition for deciding whether the State party's interference with the right to respect for home was proportionate. The cases in which the applicant's eviction occurred after national proceedings for the enforcement of mortgages were addressed. In this context, the genesis of the proportionality category was analysed, from the cases where the Court found it necessary to examine the proportionality to the cases where the Court did not consider the proportionality test necessary.

Keywords

the right to respect for home; proportionality; mortgage

Hrčak ID:

238255

URI

https://hrcak.srce.hr/238255

Publication date:

15.5.2020.

Article data in other languages: croatian german italian

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