License in entrepreneurial activity under the provisions of the European Convention of Human Rights

Abstract

In the sense of Article 1 of the First Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Court mentioned that a license constitutes an asset depending on whether the license holder has a „reasonable and legitimate hope regarding the validity of the license in time and the possibility of continuing to obtain benefits from the exercise of an activity based on this license”. At the same time, the Court points out that, according to its jurisprudence, the termination of the validity of a license, which allowed the creation of a business, constitutes an interference with the right to enjoy property, which is guaranteed by Article 1 of the First Protocol. The Court reiterates that the purpose of art. 1 of Protocol no. 1 is to keep a fair balance between the requirements of the general interest of the community and the requirements regarding the fundamental rights of the person and that the concern to achieve this balance also applies to the second paragraph of art. 1 of the Protocol.