Some aspects of the special procedure for eviction

DEZBATERI

Abstract

Losing a home is one of the most extreme forms of interference with the right to respect for the home (the cases of Rousk v. Sweden, 2013; Zehentner v. Austria, 2009; McCann v. the United Kingdom, 2004), so any person who risks be a victim in this sense, must, in principle, be able to obtain an examination of the proportionality of this measure by an independent court, in the light of the relevant principles resulting from art. 8 of the Convention, even if his right to occupy the house has ceased by the application of domestic law.

As such, the court must analyze not only the existence or non-existence of the defendant's residential right, but also the consequences of an eviction measure, by reference to the special circumstances resulting from the case file, in order to ensure that the measure is proportionate to the (legitimate) purpose pursued.

In order to consider that the condition required by law to order the eviction, that of unlawful occupation of the building, is fulfilled, the evidence administered must show that there was no intention of the property owner to grant the defendant a right of use over the entire duration of his life.

For this purpose, it is essential to examine the intention of the parties, the possible relationships established between the parties.

Keywords: eviction, owner, special procedure