Adamczyk Andrzej, Adamczyk Monika, The condition of property existence as a prerequisite for protection under Article 1 of Protocol No. 1 in the Molla Sali v. Greece case (ECHR judgment of 19 December 2018)

Keywords: property, the European Convention on Human Rights, Article 1 of Protocol No. 1, legitimate expectation, Sharia law in Europe

In its judgment of 19 December 2018, the European Court of Human Rights found that Greece had violated Article 14 of the European Convention on Human Rights in conjunction with Article 1 of Protocol No. 1 in that the applicant Molla Sali had been subjected to discrimination in respect of her right to protect property on the basis of her religion . The applicant was a Greek citizen of the Muslim faith whose husband, also a Muslim, had bequeathed all his property acting under the Greek Civil Code. After the testator’s death, the validity of his will was challenged by his two sisters, who argued that Sharia law should have been applied in the case since the deceased had been a member of the Muslim religious community of Western Thrace. After two-instance court proceedings, which proved unsuccessful for the deceased’s sisters, the Greek Court of Cassation...