SRAZMERNOST I PRAVO NA POŠTOVANjE DOMA – ANALIZA PRAKSE EVROPSKOG SUDA ZA LjUDSKA PRAVA

Abstract

The subject of the paper is an analysis of the practice of the European Court of Human Rights, which refers to the right to respect for home proscribed by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, in respect to criteria of proportionality. Considering that analysis of reference decisions is key to understanding the disputed issues that arise from this topic, in this paper we will deal with the specific cases in a limited scope, that would indicate the reasons for the change of the Court's position in respect to proportionality criteria. From the position expressed in a large number of earlier decisions that it is necessary to carry out a test of proportionality of state interference in the right to respect for home, to the latter position expressed and explained in a more recent decision that there is no need to examine proportionality, we will follow the genesis of the proportionality criteria in cases of forced eviction of applicants from premises which represent their home.