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Cuestiones constitucionales

Print version ISSN 1405-9193

Abstract

GARDUNO DOMINGUEZ, Gustavo. Albert and others v. Hungary: the Strasbourg Court Facing the Limitation of Corporate Participation Rights. Cuest. Const. [online]. 2023, n.49, pp.491-503.  Epub Aug 05, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.49.18592.

The European Court of Human Rights may resolve claims filed by natural persons, groups of individuals or non-governmental organizations accusing the violation of human rights protected in the European Convention and its protocols. In Albert et al v. Hungary, the complainants argued that the state disturbed their right to property by applying stringent regulations to the banks in which they participated as shareholders. This case is about the degree of legitimacy that a person has to sue before the Strasbourg Court the affectation of their right to property, specifically when the national authorities act over a company. In addition, the judgement leads to reflect on the arguments to respond a substantive study, such as proportionality test, the national margin of appreciation and the regional consensus in the regulation of a right.

Keywords : Standing; European Court of Human Rights; human rights; corporate participation rights; subsidiarity; margin of appreciation; regional consensus; corporate vail.

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