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6 Brigham-Kanner Prop. Rts. Conf. J. 299 (2017)
Protection of Property and the European Convention on Human Rights

handle is hein.journals/brikanproco6 and id is 305 raw text is: PROTECTION OF PROPERTY AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS FRANKIE MCCARTHY* INTRODUCTION A scholar with an interest in the constitutional property rights of any legal system will eventually find herself exploring the literature from the United States. Over the years, the Takings Clause has generated such a treasure trove of judicial thought and legal writing that to ignore it is to impoverish the property rights scholarship of other jurisdictions. It was a genuine delight, therefore, to read that the 2016 Brigham-Kanner Property Rights Conference was to be held in Europe, and that continental property scholars would be invited to participate in an exchange of knowledge with the expert U.S. delegates who have made the conference what it is over the years. During my three days in The Hague last October, I not only learned a great deal, I also enjoyed one of the warmest and most col- legiate conference experiences of my career to date. It was a pleasure, if not a surprise, to find that the hospitality of U.S. property rights lawyers is every bit as rich as their writing. This paper continues in the spirit of that happy exchange of legal cultures, making use of scholarship from both the United States and Europe to develop a novel argument that will, I hope, be of rele- vance on both sides of the Atlantic. The focus of the paper is the constitutional property protection provided to European citizens by Article 1 of the First Protocol to the European Convention on Hu- man Rights (Convention). This protection has been available in Europe since 1954, and has given rise to a huge volume of cases both in the domestic courts of European states and before the European Court of Human Rights (ECHR).' However, it has yet to receive * Senior Lecturer in Private Law, University of Glasgow. My thanks to Professor John A. Lovett and colleagues from the College of Law, Loyola University New Orleans, and to participants at the 2016 Brigham-Kanner Property Rights Conference for valuable comments on earlier drafts of this article. All mistakes are my own. 1. For an overview of the jurisprudence, see DAvI HARRIS, ED BATES, MICHAEL O'BOYLE & CARLA BUCKLEY, HARRIS, O'BOYLE & WARBRICK: LAW OF THE EUROPEAN CONVENTION ON HumAN RIGHTS ch. 18 (3d ed. 2014). 299

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