An in-depth analysis of article 1 protocol 1 of the European Convention of Human Rights : referencing Malta's rental scenario through the latest legislative amendments

Abstract

In layman’s terms, A1P1 awards peaceful enjoyment of one’s possession; imposing an obligation on a member state not to interfere with the enjoyment of property or deprive a person of their possessions or subject a person’s possession to control. The real and effective exercise of this right is contingent not only on the State's obligation to refrain from interfering but may also need the adoption of property-protecting measures. This is especially true when there is a direct correlation between the measures a property owner may rightfully anticipate from the government and the effective enjoyment of one’s property. A1P1 to the ECHR has been at the focus of the continuing legal controversy regarding the protection it provides (or used to provide) and the issues it is causing in Malta's leasing environment. In actuality, the Maltese legal system has been overwhelmed with claims alleging a violation of this right. Thus, through this study, this author aims to thoroughly analyse said A1P1, adopting a comparative understating from different member states whilst also analysing it through Malta’s specific and current leasing regime, focusing on residential leases.