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Carbonara and Ventura v. Italy

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The first and most important requirement of Article 1 of Protocol No. 1 is that any interference by a public authority with the peaceful enjoyment of possessions should be lawful. The requirement of lawfulness means that rules of domestic law must be sufficiently accessible, precise and foreseeable. The case-law on constructive expropriations had evolved in a way that had led to the rule being applied inconsistently, a factor which could result in unforeseeable or arbitrary outcomes and deprive litigants of effective protection of their rights and was, as a consequence, inconsistent with the requirement of lawfulness. Court of Cassation decision that transfer of property to the authorities occurred during the period of possession without title, automatically, following completion of the public works could not be regarded as “foreseeable” as it was only in the final decision that the constructive-expropriation rule could be regarded as being effectively applied. Further, the rule enabled the authorities to derive a benefit from taking possession of land which they had held without title.

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