Original scientific paper
https://doi.org/10.30925/zpfsr.44.1.6
The Convention Aspects of “Freezing” and Temporary Confiscation of Property
Gabrijela Mihelčić
; University of Rijeka, Faculty of Law
Maša Marochini Zrinski
orcid.org/0000-0002-8441-2277
; University of Rijeka, Faculty of Law
Iva Parenta
orcid.org/0000-0001-5599-205X
; University of Rijeka, Faculty of Law
Abstract
In this paper, the authors analyse the Convention aspects of the so-called
“freezing” and temporary confi scation of property, regardless of whether it arose
from civil or criminal proceedings and from the aspect of the protection of the right
to peaceful enjoyment of property as guaranteed by the Article 1 of Protocol No. 1 of
the European Convention on Human Rights and Fundamental Freedoms and by the
case-law of the European Court of Human Rights (ECtHR). The introductory part of
the paper presents the basic principles by which the ECtHR is guided in determining
whether the right to peaceful enjoyment of property was violated. Further on, the
national system for regulation of selected security measures that have the effect of
freezing and temporary confi scation of property in enforcement proceedings and in
criminal proceedings is discussed. The case-law of the ECtHR is also analysed from
the aspect of violation of protected rights in the light of rules on the control of the use
of property by freezing and temporary confi scation, with particular emphasis on the
principle of proportionality.
Keywords
freezing of assets; temporary confi scation of property; right to peaceful enjoyment of property; proportionality.
Hrčak ID:
300129
URI
Publication date:
15.4.2023.
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