Legitimate Expectation and Social Security Law Under the European Convention of Human Rights
Bibliographic Data
| ID | 12627593 |
|---|---|
| Authors | Mel Cousins (0000-0003-3776-2925, Trinity College Dublin, corresponding author) |
| Year | 2020 |
| Volume | 23 |
| Issue | 1 |
| Pages | 24-43 |
| Publication date | 2020-10-12 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of Social Security (JOURNAL) |
| Journal identifiers | ISSN: 1388-2627 • E-ISSN: 2399-2948 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1388262720961792 |
| OpenAlex | W3092969985 |
| Language | EN |
| Citations received | 1 |
| References cited | 6 |
The concept of ‘legitimate expectation’ is one which has developed to different degrees in the domestic laws of contracting states of the Council of Europe. The European Court of Human Rights tends to use the term is two related contexts. First, the Court refers to legitimate expectation as a way of expanding the scope of ‘possessions’ within the meaning of Article 1 of Protocol 1 (P1-1) of the European Convention of Human Rights in order to bring an issue within the purview of the Court. Second, the Court uses the term to refer to a person’s expectations as to the future peaceful enjoyment of their possessions. The failure by the Court to define clearly what it means by the term ‘legitimate expectation’ and its use in two different (if related) ways has led to significant confusion in the Court’s jurisprudence as it concerns social security
Convention · Economics · Fundamental rights · Human rights · Jurisprudence · Law and economics · Meaning (existential · Order (exchange · Political science · Scope (computer science · Social rights · Social security · Sociology · European and International Law Studies · European Criminal Justice and Data Protection · European Law and Migration · Law · Psychology
A Theory of Legitimate Expectations for Public Administration
From Stec to Valkov
The right to minimum subsistence and property protection under the ECHR
Increasing Pension Ages in Greece and Ireland
Roma Marriage and the European Convention on Human Rights
Property Protection as a Limit to Deteriorating Social Security Protection
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.25 |
| Citation span | 2022 - 2022 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |