Pecuniary and non-pecuniary damages following a breach of Article 1 of Protocol 1 of the European Convention on Human Rights

Abstract

This study aims to explore the ways in which both the ECtHR and Maltese courts have awarded both pecuniary and non-pecuniary damages specifically in cases of a violation of Article 1 of Protocol 1. In doing so, the author has also set out to outline any influence which the prior’s jurisprudence has left on the latter. The types of cases analysed have been restricted to those in which the violation stems from rent control legislation, some of which benefitted band clubs. In providing context the ECHR and Malta’s relationship were also examined. Due to its principles’ prominence within Maltese court decisions, reference was also made to the Cauchi v Malta case, whose tentacles have spread beyond those cases of rent control legislation. Other relevant prominent judgements’ case specific principles, both ECtHR and Maltese, together with their effect on the final award, have been examined. The author’s opinions and recommendations on how to attain the public purpose without such violations have also been included.