FROM THE CASE MCCANN TO THE CASE F.J.M.
PROPORTIONALITY AND THE RIGHT TO RESPECT FOR HOME IN THE PROCEEDINGS FOR THE ENFORCEMENT OF MORTGAGES
DOI:
https://doi.org/10.30925/zpfsr.41.1.5Keywords:
the right to respect for home; proportionality; mortgageAbstract
The authors discuss and analyse case law of the European Court of Human Rights regarding the right to respect for home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and with respect the issue of proportionality. In the paper, the proportionality category was viewed as a criterion for securing protection and as a material precondition for deciding whether the State party's interference with the right to respect for home was proportionate. The cases in which the applicant's eviction occurred after national proceedings for the enforcement of mortgages were addressed. In this context, the genesis of the proportionality category was analysed, from the cases where the Court found it necessary to examine the proportionality to the cases where the Court did not consider the proportionality test necessary.
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