HAS A NEW PERSPECTIVE BEEN GIVEN TO PROCEDURAL SAFEGUARDS IN SECURITY RIGHTS ENFORCEMENT?
DOI:
https://doi.org/10.30925/zpfsr.46.1.2Keywords:
pravo na mirno uživanje imovine; pravo na poštovanje doma; postupovna jamstva; hipoteke.Abstract
This paper discusses the role of procedural safeguards in the context of security rights enforcement. The inspiration for this discussion comes from the European Court of Human Rights case Nina Dimitrova v. Bulgaria, in which the applicant’s rights under Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms were violated. In addition to the right to peaceful enjoyment of possessions, the right to respect for one’s home also plays a significant role in these proceedings. Both of these rights require that procedural safeguards be guaranteed to the applicants. However, in cases involving disputes between private entities, the state’s margin of appreciation is wider, although it does not negate the obligation to provide adequate protection. Case-law concerning the forced enforcement of claims secured by real property and the protection of Convention rights has highlighted the importance of voluntary insurance, which encompasses a consent to the sale of the property (home). Addressing objections raised by applicants
regarding the “lack of contestation” of the validity of the insurance legal basis, and incorporating the protection provided by the Court of Justice of the European Union in consumer protection, the European Court of Human Rights offers guidelines for the future protection of Convention rights.
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Copyright (c) 2025 Gabrijela Mihelčić, Tajana Polić
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